IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE 1 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23225 OF 2024 Between: Kalluri Chinna Hussaini @ (Thulasi), S/o. Mudava Hussaini, aged 35 years, Harivaram, Uyyalawada, Itikyala KolimigundlaMandal, Nandyal District, Andhra Pradesh-518134. R/o. 2-32 Gram Panchyati ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Panchayat Raj and Rural Development, A.P. Secretariat Office, Velagapudi, Amaravati, Guntur District, Andhra.Pradesh. 2. The District Collector, Nandyal Nandyal District, Andhra Pradesh. 3. The Revenue Divisional Officer, Nandyal District, Andhra Pradesh. 4. The Tahsildar, Kolimigundia Mandal Nandyal District, Andhra Pradesh. 5. The Itikyala Grama Panchayeti, Rep. by its Secretary, Kolimigundia Mandal, Nandyal District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction particularly, one in the nature of WRIT OF MANDAMUS declaring the action of respondent authorities in not allowing the petitioner to make construction over the house site situated at Survey No. 738 of extent Ac. 0.3 cents situated at Itikyala Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh without following procedure established by the law as illegal, arbitrary and violation of may principles of natural justice and the act of authorities is against the principle laid down by the Hon'ble Apex court in the case of Rame Gowda V/s M Varadappa Naidu Citation: 2003 Law Suit (SC) 1248 and consequently direct the respondents not to interfere over the petitioner's house construction over the subject land of extent Ac. 0.3 cents in Survey No. 738 situated at Itikyala Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh except due process of law. lA NO: 1 OF 2024 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 to direct the respondents not to interfere over the petitioner’s house construction over the subject land of extent Ac. 0.3 cents in Survey No. 738 situated at Itikyala Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh except due process of law. Counsel for the Petitioner: M/s. NALLANAGULA LALITHA SREE Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI MATTENGUNTA SUDHIR, SC FOR ZPP, MPP & GRAM PANCHYAT The Court made the following: ORDER APHC010451022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23225/2024 [3330] Between: Kalluri Chinna Hussain! @ (thulasi) ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.NALLANAGULA LALITHA SREE Counsel for the Respondent{S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps.M.P.Ps,Gram Panchayats 2 The Court made the following order:- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a Writ, Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities in not allowing the petitioner to make construction over the house site situated at Survey No.738 of extent Ac.0.3 cents situated at Itikyala Village, Kolimigundla Mandal, Nandyal District, Andhra Pradesh, without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Hon'ble Apex court in the case of Rame Gowda V/s M Varadappa Naidu Citation: 2003 Law Suit (SC) 1248 and consequently direct the respondents not to interfere over the petitioner's house construction over the subject land of extent Ac.0.3 cents in Survey No.738 situated at Itikyala Village, Kolimigundla Mandal, Nandyal District, Andhra Pradesh, except due process of law and pass such other order or orders...” Heard learned counsel for the petitioner and learned counsel for 2. the respondents. 3. After arguing for sometime, learned counsel for the petitioner restricted his argument to the extent that to direct the respondents not to dispossess the petitioner without following due process of law. Therefore, the present Writ Petition is disposed of, directing the 4. respondents not to dispossess the petitioner without following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous Pet'+'ons pending, if any, Sd/- N. NAGAMMA ASSISTANT REGISTRAR I shall stand closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Department of Panchayat Raj & Rural Development, State of Andhra Pradesh Secretariat Office, Velagapudi Amaravati, Guntur District, Andhra Pradesh. * ^ % The District Collector, Nandyal Nandyal District, Andhra Pradesh. The Revenue Divisional Officer, Nandyal District, Andhra Pradesh. The Tahsildar, Kolimigundia Mandat Nandyal District, Andhra Pradesh. The Secretary, Itikyala Grama Panchayeti, Kolimigundia Mandal, Nandyal District, Andhra Pradesh. One CC to M/s. Nallanagula Lalitha Sree, Advocate [OPUC] Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One CC to Sri Mattegunta.Sudhir, SC for ZPP, MPP & Gram Panchayat. [OPUC] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. 10. gi HIGH COURT DATED:28/01/2025 ORDER WP.No.23225 of 2024 5 3 I JAN 2025 . Current Section '2: 0>, DISPOSING OF THE WRIT PETITION WITHOUT COSTS