APHC010503172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25776/2025 Between: 1. SMT. GOKA NAGAMANI,, W/O. GOKA RAJESHWARA RAO, AGED ABOUT 46 YEARS, OCC- HOUSEWIFE, R/O. D. NO. 11-238, 14TH WARD,NAGARAJUPETA PALAKOLLU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 2. GOKA RAJESHWARA RAO,, S/O. VENKATRAO, AGED ABOUT 49 YEARS, R/O. D. NO. 11-238, 14TH WARD, NAGARAJUPETA PALAKOLLU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT ANDHRA PRADESH. 3. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, BHIMAVARAM AND BHIMAVARAM MANDAL WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, KALLA MANDAL, KALLA, WEST GODAVARI DISTRICT. 2 5. THE STATION HOUSE OFFICER S H O, KALLA POLICE STATION, KALLA, WEST GODAVARI DISTRICT 6. THE BONDADA GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY BONDADA, KALLA MANDAL, WEST GODAVARI 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 an appropriate writ, or order or direction, more particular, one in the nature of Writ of Mandamus by declaring the action of respondents i.e., respondents 4 to 6 high handedly without giving any notice/order and without following due process of law trying to disposes from the premises of Door No 3-105 vide. Assessment no.579 approximately Ac.0.5 74 cents situated in Bondada Village, Kalla Mandal, West Godavari District as it is illegal, arbitrary without jurisdiction against the principles of Natural justice and also provisions of Andhra Pradesh Panchayat Raj Act, 1994 and also AP Land Encroachment Act, 1905 and also violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to follow the due process of law and other reliefs and to 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 reposndets not to disposes the petitoners from premises of Door No 3-105 vide. Assessment no.579 approximately Ac.0.5 Vi cents situated in Bondada Village, Kalla Mandal, West Godavari District, pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. GP FOR HOME 4. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25776/2025 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 i.e., respondent Nos.4 to 6 high handedly without giving any notice/order and without following due process of law trying to disposes from the premises of Door No.3-105 vide Assessment No.579 approximately Ac.0.5 ¼ cents situated in Bondada Village, Kalla Mandal, West Godavari District as it is illegal, arbitrary without jurisdiction against the principles of Natural justice and also provisions of Andhra Pradesh Panchayat Raj Act, 1994 and also A.P. Land Encroachment Act, 1905 and also violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to follow the due process of law and pass such other order.” 2. Heard the learned counsel for the petitioners and the learned Standing Counsel for respondent No.6 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioners submits that the petitioners have purchased the land admeasuring to an extent of Ac.0.5 ¼ cents in Bondada Village of Kalla Mandal, West Godavari District in the year 1999 through an unregistered sale deed. Since then, the petitioners have been in peaceful possession and enjoyment of same. The 6th reposndent/Gram Panchayat allotted 4 assessment No.579 to the subject property and collected house tax as well as water tax. The 6th respondent also allotted door number i.e., D.No.3-105. Thereafter, Eastern Power Distribution Company issued power supply connection under the category of domestic consumption. Then, the petitioners have started water servicing center in the subject premises. The petitioners have been paying consumption charges regularly without committing any default. While things stood thus, without issuing any notice and without following due process of law, the respondents have demolished the property wall of the petitioners and trying to dispossess/evict the petitioners from the subject property. Hence, the Writ Petition. 4. Learned Government Pleader and the learned Standing Counsel appearing for the respondents submits that, if the respondents intend to dispossess/evict the petitioners from the subject property, the respondents would follow due process of law. 5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing the respondents not dispossess/evict the petitioners from the subject property, without following due process of law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1199..0099..22002255 TTPPSS 6 525 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:25776 of 2025 1199..0099..22002255 TTPPSS