APHC010426802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21694/2025 Between: 1. SMT.GUJJU APPALA NARASAMMA, W/O. LATE KANAKA REDDY AGED ABOUT 65 YEARS, OCC HOUSEHOLD, R/O. CHERUKUPALLY VILLAGE, BOGAPURAM MANDAL, VIZIANAGARAM DISTRICT - 531162, A.P ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM - 535002, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM - 535002 VIZIANAGARAM DISTRICT, ANDHRA PRADESH 4. THE TAHSILDAR, BHOGAPURAM MANDAL - 535216 VIZIANAGARAM DISTRICT, ANDHRA PRADESH 5. THE CHERUKUPALLI GRAMA PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY CHERUKUPALLIL VILLAGE, BHOGAPURAM MANDAL VIZIANAGARAM DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondents authorities making efforts in dispossesing of the house of the petitioner situated bearing plot no. 102, an extent Ac. 0.01 1/2cents in Survey No.1-1, bounded on North Plot No-96, South Road, East Plot No- 101, West Plot No-103, at Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh by set aside the eviction notice i.e.Rc.No.43/2024/SA/ Dt. 18.06.2025 without following procedure established by the law as illegal, arbitrary, unjust and contrary to law and violation of principles of natural justice and consequently direct the respondents not to demolition of the house of the petitioner situated at bearing plot no. 102, an extent Ac. 2 0.01 1/2 cents in Survey No. 1-1, bounded on North Plot No-96, South Road, East Plot No-101, West Plot No-103, at Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to demolition of the house of the petitioner situated at Survey No. 1-1 of extent of extent Ac. 0.01 1/2 cents situated at Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh except by following due process of law Counsel for the Petitioner: 1. K GANI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21694 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondents authorities making efforts in dispossesing of the house of the petitioner situated bearing plot no.102, an extent Ac.0.01 ½ cents in Survey No.1-1, bounded on North: Plot No-96, South: Road, East: Plot No-101, West: Plot No-103, at Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh, by set aside the eviction notice i.e.,Rc.No.43/2024/SA/ Dt.18.06.2025 without following procedure established by the law as illegal, arbitrary, unjust and contrary to law and violation of principles of natural justice and consequently direct the respondents not to demolition of the house of the petitioner situated at bearing plot no. 102, an extent Ac. 0.01 1/2 cents in Survey No. 1-1, bounded on North Plot No-96, South Road, East Plot No-101, West Plot No-103, at Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh, and pass such other order or orders…” 2. Through proceedings dated 18.06.2025, the 4th respondent- Tahsildar issued notice to petitioner calling for explanation as to why the petitioner should not be evicted from the encroached land. The petitioner was also directed to submit the explanation along with documentary evidence in support of his possession within a period of fifteen (15) days from the date of issue of notice. Thereafter, the petitioner has submitted application on 07.07.2025. However, the respondents are still interfering with the petitioner’s possession and 4 enjoyment of the property. Aggrieved by the same, present writ petition is filed. 3. Heard Sri K.Gani Reddy, learned counsel for petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4 and Sri Y.Koteswara Rao, learned counsel for respondent No.5. 4. Learned counsel for petitioner submits that it would suffice to direct the respondents to consider the application submitted by the petitioner and pass appropriate orders. 5. Learned counsel for respondents does not refute the same. 6. In view of the same, with the consent of both the learned counsel, the present Writ Petition is disposed of by directing the respondents to examine the application submitted by the petitioner and pass appropriate orders in accordance with law, and communicate the decision to the petitioner as expeditiously as possible. Till such time, respondents are directed not to take any coercive steps against the petitioner’s property. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 18.08.2025 KBN