APHC010433232021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26290/2021 Between: Chevuru Govindamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P GANGA RAMI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SC MC RSEEMA SPSR NLR 3. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26290/2021 ORDER: 1. The present Writ Petition is filed seeking the following relief: “to declare the action of the respondents in seeking to evict the petitioner from the premises bearing D.No.1-5-25 in S.No.52/3A3 Isuka Mitta, Revenue Ward-1, Sullurpeta ( Old D.No.6-1-17, Errabalem Revenue village, Sullurpeta), summarily without due course to law as illegal, arbitrary and without jurisdiction and consequently direct the respondents 2 and 3 not to interfere with the possession and enjoyment of the petitioner in respect of the premises bearing premises bearing D.No.1-5- 25 in S.No.52/3A3 Isuka Mitta, Revenue Ward -1, Sullurpeta ( Old D.No.6-1-17, Errabalem Revenue village, Sullurpeta)”. 2. Learned counsel for the Petitioner submits that an extent of 100 ankanams site situated in S.No.52/3A3 of Errabalem Revenue Village, Sullurpet was the ancestral property of Petitioner’s father late Ramisetty Subramanyam. The father of the Petitioner had constructed a house in the said site bearing D.No.6-1-17 and obtained electricity connection. It is stated that the father of the Petitioner was regularly paying the house tax to the then Sullurpet Gram Panchayat and thereafter, the said property was given to the Petitioner by way of Pasupu Kunkuma by executing an unregistered Gift Deed dated 02.08.1985. It is also stated that in the year, 2011, the Petitioner has got approval of the building plan from the 3 Sullurpet Gram Panchayat vide B.A.No.172/2011-2012 dated 27.12.2011 and constructed a RCC Building in the subject site. 3. Learned counsel further submits that while so, the staff of Respondent Nos. 2 and 3 came to the site of the Petitioner and directed the Petitioner to vacate from the said site as the said site is a Government Land. Hence, the Petitioner filed the present Writ Petition. 4. In the Counter Affidavit filed by the Respondent No.2, it is stated that a Notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 was issued to the Petitioner by the Respondent No.3 on 04.03.2022. 5. In that view, the grievance of the Petitioner is redressed. 6. Accordingly, the Writ Petition is disposed of. The Respondent Authorities are at liberty to take further action pursuant to the Notice dated 04.03.2022 issued under Section 7 of the A.P. Land Encroachment Act, 1905. Till then, the interim order as on date is to be maintained by the respective parties. 4 As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________ NYAPATHY VIJAY, J. Date: 09-07-2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.26290 of 2021 Dt.09-07-2025 eha U