APHC010463312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23489/2025 Between: 1. PODAPATI DURGA RAO, S/O, LATE BIKSHAM, AGED 62 YEARS, OCC. POST MASTER. R/O. D.NO.4-96, DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT. 2. KARRIPOTHULA RAJ KUMAR,, S/O. LATE LAKSHMAIAH, AGED 48 YEARS, OCC.CULTIVATION, R/O. D.NO.6-31, DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. 3. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU. 4. DARBAGUDEM GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY - CUM - EXECUTIVE AUTHORITY DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT. 5. THE TAHSILDAR, JEELUGUMILLI MANDAL, ELURU DISTRICT. 6. THE MANDAL SURVEYOR, JEELUGUMILLI MANDAL, ELURU DISTRICT. 2 7. THE VILLAGE REVENUE OFFICER, DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT. 8. THE STATION HOUSE OFFICER, JEELUGUMILLI POLICE STATION, JUEELUGUMILLI MANDAL, ELURU DISTRICT. 9. DEVANI VASU, S/O. APPA RAO, AGED ABOUT 50 YEARS, R/O DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT. ...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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 4 to 8 in insisting petitioners to vacate from their residential properties bearing Flouse Nos. 4-96 and 6-31, with Assessment Nos. 396 and 531, respectively, and the enclosed site property total admeasuring an extent of Ac. 0.35 cents out of Ac. 0.50 cents in Survey No. 306/1, situated at Darbagudem Village, Jeelugumilli Mandal, Eluru District at the instance of 9 respondent and his bench men under the guise of survey proposed by respondents 4 to 7, without following any known procedure established by law, as illegal, irregular, irrational, without jurisdiction and in violation of the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners possession and enjoyment of aforesaid properties and pass 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 interfere in any manner with petitioners’ possession and enjoyment of their residential properties bearing House Nos. 4-96 and 6-31, with Assessment Nos. 396 and 531,respectively, and the enclosed site property total admeasuring an extent of Ac. 0.35 cents out of Ac. 0.50 cents in Survey No. 306/1, situated at Darbagudem Village, Jeelugumilli Mandal, Eluru District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 3 1. ANANDA KUMAR VEJANDLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.23489 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 4 to 8 in insisting petitioners to vacate from their residential properties bearing House Nos.4-96 and 6-31 with Assessment Nos.396 and 531 respectively and the enclosed site property total admeasuring an extent of Ac.0.35 cents out of Ac.0.50 cents in Survey No.306/1 situated at Darbagudem Village, Jeelugumilli Mandal, Eluru District at the instance of 9th respondent and his hench men under the guise of survey proposed by respondents 4 to 7 without following any known procedure established by law as illegal, irregular, irrational, without jurisdiction and in violation of the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners’ possession and enjoyment of aforesaid properties and pass such other order or orders...” 2. Heard learned counsel for petitioners, learned Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel for Gram Panchayat appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioner Nos.1 and 2 herein are the absolute owners and possessors of the residential properties bearing House Nos.4-96 and 6-31 with Assessment Nos.396 and 531 respectively and the enclosed site property total admeasuring an extent of Ac.0.35 cents out of Ac.0.50 cents in Survey No.306/1 situated at Darbagudem Village, Jeelugumilli Mandal, Eluru District. The ownership of the petitioners was confirmed by way of revenue records and their possession was also proved by way of property tax 5 receipts filed by the petitioners herein. He further submits that even though the petitioners were in settled possession in their respective subject property, the respondents are trying to evict the petitioners from the subject property without adhering to the principles of natural justice and without following due process of law as contemplated under Sections 96 & 98 of the Andhra Pradesh Panchayat Raj Act, 1994 and Rules made thereunder. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for Gram Panchayat furnished on record the written instructions dated nil issued by the 4th respondent, wherein, the relevant portion of the said instructions is extracted hereunder: “The survey activity in respect of the petitioners’ house was purely part of this program and not directed with any intention to dispossess them. The Gram Panchayat has no role in adjudicating title or ownership disputes. Collection of property tax or water tax is only an administrative function and does not determine ownership rights. Allegations of acting under the influence of the 9th respondent are false and baseless. Respondent Nos. 3 and 4 have acted only in discharge of official duties. Petitioners continue to be in possession of their houses and lands, and there is no proposal to interfere with their possession. 5. Learned Government Pleader appearing for the respondents also furnished written instructions dated 06.09.2025 issued by the 3rd respondent reiterating the contentions made by the 4th respondent through his written instructions. The relevant portion of the instructions dated 06.09.2025 is extracted hereunder: 6 “It is specifically denied that, the officials visited on 24.08.2025 with an intention to dispossess petitioners. The SVAMITVA survey carried out simultaneously for all properties in the village. No notice of eviction was ever issued by the Gram Panchayat. The allegation that respondent Nos. 3 and 4 acted under the influence of the 9th respondent is false and baseless. Respondent no.4 have acted strictly of their official duties and without any bias or extraneous consideration. The gram panchayat has not initiated any eviction proceedings against the petitioners. The action is the lawful under SVAMITVA survey. Petitioners are continued in possession of their houses and lands and there is no interference the Gram Panchayat in their possession. The writ petition is therefore premature, based on baseless apprehensions.” 6. Considering the submissions made by the learned counsel for the petitioners, learned Government Pleader and learned Standing Counsel for the respondents, it appears that the respondent authorities have been conducting a general survey in respect of the entire land vested with the 4th respondent-Gram Pandchayat. In that process of conducting survey, the petitioners property was also got surveyed. It is further appears that respondent Nos. 3 and 4 are not interfering with the peaceful possession and enjoyment of property of the petitioners. Moreover, the petitioners’ possession in respect of their respective properties’ was admitted by the respondents.. 7. In view of the clear and categorical admission on part of the respondents, the allegation of the petitioners is only an apprehension. Further, it is settled law that if the respondents intend to proceed further and to any action either for 7 removal or for eviction of the petitioners from the subject properties, the respondents are under obligation to observe principles of natural justice as well as to follow due procedure as contemplated under the Act. 8. Accordingly, the writ petition is disposed of, directing the respondents to follow due process of law as well as principles of natural justice, if at all they intend to interfere with the peaceful possession and enjoyment of the subject property of the petitioners. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:08.09.2025 BSP 8 01 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.23489 OF 2025 DATED:08.09.2025 BSP