APHC010458932025 ' IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) iq ff| Wednesday; the third day of september^^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23338 OF 2025 Between: 1. Chekuru Chinnakka. W/o late C Papi Naidu, Mittur, Ramachandrapuram Mandal, Tirupati District. 2. Chekuru Suresh Kumar, S/o Subbarama Naidu, aged 41, R/o D.No.2-81, Mittur, Ramachandrapuram Mandal, Tirupati District. 3. Chekuru Haribabu, S/o C Krishnama Nayudu, aged 52, R/o D.N0.2-79A, Mittur, Ramachandrapuram Mandal, Tirupati District. aged 85, R/o D.No.2-80 ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Raj and Rural Development, A.P. Secretariat, Velagapudi, Amaravathi. 2. The Kammakandriga Gram Panchayat, Rep. by its Panchayat Secretary, Ramachandrapuram Mandal, Tirupati District. 3. The Mandal Parishad Development Officer, Ramachandrapuram Mandal. Tirupati District. 4. The Panchayat Secretary, Kammakandriga Ramachandrapuram Mandal, Tirupati District. Panchayat Gram Panchayat, ...Respondents praying that in the circumstances stated in the affidavit fiied therewith, the High Court may be pleased to issue a Writ, order or a direction, nature of Writ of Mandamus, declaring the action of respondents in attempting Petition under Article 226 of the Constitution of India more particularly one in the to demolish the houses belonging to petitioners bearing D.Nos.7-70, 7-58 and 7-59 (old Door Nos. 2-80,2-71,2-79A) respectively constructed in land admeasuring 225 ankanams (1500 sq. yds. approx.) in Sy.No. 147 of Mittur village, Ramachandrapuram Mandal, Tirupati District as illegal, highhanded, arbitrary, against law and violative of Article 300A of the Constitution of India and consequently direct the respondents i. not to interfere with the peaceful possession and enjoyment of the petitioners in respect of land admeasuring 225 ankanams (1500 sq. yds. approx.) in Sy.No.147 of Mittur village, Ramachandrapuram Mandal, Tirupati District ii. not to demolish the houses (3 houses) bearing D.Nos.7-70, 7-58 and 7-59 (old Door Nos. 2-80,2-71,2-79A) respectively and its compound wall aforementioned land without following due process of law. lA 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 direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners’ land and houses bearing D.Nos.7-70, 7-58 and 7-59 (old Door Nos. 2-80,2-71,2-79A) admeasuring 225 ankanams (1500 yds. approx.) situated in Sy.No. 147 of Mittur village, Ramachandrapuram Mandal, Tirupati District. Counsel for the Petitioners: SRI P VIVEK Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT to sq. Counsel for the Respondents: SRI M. SUDHIR, SC FOR ZPP MPP & GRAM PANCHAYAT The Court made the following order: • • "I • • ■ • J1 • • 1^-' APHC010458932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23338/2025 [3329] Between: 1.CHEKURU CHINNAKKA, W/0 LATE C PAPI NAIDU, MITTUR, TIRUPATI AGED 85, RAMACHANDRAPURAM DISTRICT. 2.CHEKURU SURESH KUMAR,, S/0 SUBBARAMA NAIDU, R/0 D.NO.2-81, MITTUR, MANUAL, TIRUPATI R/0 D.NO.2-80, MANUAL, AGED 41, RAMACHAN D RAP URAM DISTRICT. 3.CHEKURU HARIBABU,, S/0 C KRISHNAMA NAYUDU, R/0 D.N0.2-79A, MITTUR, MANDAL, TIRUPATI AGED 52 RAMACHANDRAPURAM DISTRICT. ■' ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE KAMMAKANDRIGA GRAM PANCHAYAT, REP. BY PANCHAYAT RAMACHANDRAPURAM MANDAL, DISTRICT. 3.THE MANDAL PARISHAD DEVELOPMENT OFFICER, RAMACHANDRAPURAM MANDAL. DISTRICT. 4.THE PANCHAYAT SECRETARY, KAMMAKANDRIGA GRAM PANCHAYAT, MANDAL, TIRUPATI DISTRICT ITS SECRETARY, TIRUPATI TIRUPATI RAMACHANDRAPURAM ...RESPONDENT{S): V/ 2 The Court made the following ORDER-. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ, order or a direction, particuiarly one in the nature of Writ of Mandamus, declaring the action of respondents in attempting to demolish the houses belonging to petitioners bearing D.Nos.7-70, 7-58 and 7-59 (old Door Nos. 2-80,2-71,2-79A ) respectively constructed in land admeasuring 225 ankanams (1500 sq. yds. approx.) in Sy.No. 147 of Mittur village, Ramachandrapuram Mandal, Tirupati District illegal, highhanded, arbitrary, against law and violative of Article 300A of the Constitution of India and consequently direct the respondents i. not to interfere with the peaceful possession and enjoyment of the petitioners in respect of land admeasuring 225 ankanams (1500 sq. yds. approx.) in Sy.No. 147 of Mittur village, Ramachandrapuram Mandal, Tirupati District ii. not to demolish the houses (3 houses) bearing D.Nos.7-70, 7-58 and 7-59 (old Door Nos. 2-80,2- 71,2-79A) respectively and its compound wall aforementioned land without following due process of law and pass....” 1. more as 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to demolish/not to interference the peaceful possession and enjoyment of the petitioners’ subject property, without following due process of law. with Learned Assistant Government Pleader for Respondents, admitted that the petitioners are in continuous possession of subject land and the respondents’ authorities would follow due 3. process of law and requested to pass appropriate orders in accordance with law. 4. It is settled proposition of law that when tho petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India, tven assuming for a moment that this petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by LRs.\ when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to fnterfere with the peaceful possession and 2004 (1) see 769 4 enjoyment of the petitioners’ subject property. However, if they intend to take any action against subject property of the petitioner, they shall follow due procedure as contemplated under the law. 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if stand closed. any pending, shall Sd/- K. SRiNIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// .J SECTIO^FFICER To, The Principal Secretary of Andhra Pradesh, A.P. 2. The ' Raj and Rural Development Secretariat, Velagapudi State Amaravathi. ■ Kammakandriga Gram Tirupati District. Panchayat Secretary Ramachandrapuram Mandal, 3. The Mandal Panchayat, Parishad Development officer, Ramachandrapuram ' Mandal. Tirupati District. 4. The Panchayat Secretary, Kammakandriga • Ramachandrapuram Mandal, 5. One CC to Sri P Vivek, 6. One CC to Sri M Sudhir, 7. Two CCs to GP for r Andhra Pradesh [OUT] 8. Two CD Copies Gram Panchayat, Tirupati District. Advocate fOPUCJ SC for ZPP, MPP Gram Panchayat [OPUC] anchayat Raj & Rural Development, High Court of RAM HIGH COURT DATE0:03/09/2025 ORDER WP.NO. 23338 OF 2025 I ?!! SEP 2025 ^ , Current Section DISPOSING OF THE WP WITHOUT COSTS