IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 907 OF 2025 Between: 1. Chintada Srinivasa Rao, S/o. Tulasi Rao Aged 35 Years, Occ: Daily Coolie. 2. Randhi Vijaya, S/o. Surya Narayana, Aged 63 Years, Occ: Daily Coolie. 3. Kotha Ayyappa, S/o. Kotha Buchi Ramaiah, Aged 34 years, Occ: Daily Coolie. 4. Meesala Venkata Chalam, S/o. Ranga Rao Aged 50 Years, Occ: Daily Coolie.. 5. Mamidi Satyavati, W/o. Mahankali, Aged 50 Years, Occ: Daily Coolie. 6. Aligi Nagaraju, S/o. Bodiaiah, Aged 35 years, Occ: Daily Coolie. 7. Aligi Yohosuva, S/o. Thavitayya Aged 40 years, Occ: Coolie. 8. Palli Nagamma, W/o. Suiya Narayana Aged 50 years, Occ: Daily Coolie, 9. Shaik Basha, S/o. Pedda Yesu, Aged 29 years, Occ Daily Cooli. lO.Eggina Sudhakar, S/o. Thulasi Ram, Aged 50 years, Occ: Daily Coolie, H.Neelam Anji Vara Prasad, S/o. Appa Rao, Aged 49 years, Occ: Daily Coolie, 12.Dokala Lakshmi, W/o. Venkateswara Rao, Aged 65 years, Occ: Daily Cooli. All the petitioners are R/o. Kaikaram Village, Unguturu Mandal, Eluru District. ...PETITIONERS AND 1. The State of AP, Rep by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector (Panchayat Wing), Eluru District at Eluru. (Formerly West Godavari District). ^ 3. District Panchayat Officer, Eluru District at Eluru. (Formerly West ’ Godavari District). 4. Kaikaram Grama Panchayat, Rep by its Executive Authority -cum- Panchayat Secretary, Kaikaram Village, Unguturu Mandal, Eluru District. (Formerly West Godavari District). 5. Tahsildar, Unguturu Mandal, Eluru District. (Formerly West Godavari District). 6. Assistant Engineer, Major Irrigation Department, Tadepalligudem, West Godavari District. 7. Institution of Lokayukta of Andhra Pradesh, Rep.by its Registrar, Door No 96/3-72-124-1, Prasad's Complex, Santosh Nagar Colony, Kurnool, Andhra Pradesh. 8. K.Satynarayana Reddy, S/o. Venkat Reddy, R/o. 4th line, Machavaram, Vijayawada, NTR District. ...RESPONDENTS 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in R.O.C.No.9/2025, dated 03.01.2025 issued by 4*^^ respondent, thereby directing the petitioners to vacate from their respective thatched houses and site properties situated in R.S. Nos.457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District (Formerly West Godavari District), as illegal, irregular, irrational, without any authority or sanction of law violative of principles of natural Justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with possession and enjoyment of petitioners over their said house and site properties. V lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of Proceedings in R.O.C.No.9/2025, dated 03.01.2025 issued by 4*'^ respondent and consequently direct the respondents not to interfere in any manner with petitioners’ houses and site properties situated in R.S. Nos.457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District, pending disposal of the main Writ Petition. Counsel for the Petitioners : M/s. NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 3 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent No.5 : GP FOR REVENUE Counsel for the Respondent No.6 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.7 & 8 : NONE APPEARED The Court made the following: ORDER % APHC010017352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329] (Special Original Jurisdiction) FRIDAY,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 907/2025 Between: Chintada Srinivasa Rao and Others ...PETITIONER(S) AND The State Of AP and Others Counsel for the Petitioner{S): 1.NIMMAGADDA REVATHI ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in R.O.C.No.9/2025, dated 03.01.2025 issued by 4"^ respondent, thereby directing the petitioners to vacate from their respective thatched houses and site properties situated in R.S.Nos.457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District (Formerly West Godavari District), as Illegal, irregular, irrational, without any authority or sanction of law violative of principles of natural Justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with possession and enjoyment of petitioners over their said house and site properties and pass such other order or orders... ” During hearing, learned counsel for the petitioners, without 2. touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their thatched houses and site properties, without following due process of law. Learned Assistant Government Pleader for Panchayat Raj 3. admitted that the petitioners are continuing in possession of their thatched houses and site properties and the respondents authorities would follow due process of law and requested to pass appropriate orders. 3 The petitioners are the absolute owners of the thatched 4. houses and site properties situated in R.S.Nos.457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District (Formerly West Godavari District). As seen from the relief claimed by the petitioners it appears that, the respondents are trying to vacate the petitioners from subject property. When the petitioners are in settled possession and enjoyment 5. 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 petitioners constitutional rights guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even 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 L.Rs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. 2004 (1) see 769 fi 4 In view of the ratio laid down in the supra referred judgment 6. the respondents are directed not to dispossess the petitioners from the subject properties, except by following due process of law. With the above direction, the Writ Petition is disposed of. 7. There shall be no order as to costs. The miscellaneous petitions pending, if any, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER S To, The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of AP, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector (Panchayat Wing), Eluru District at Eluru. (Formerly West Godavari District). The District Panchayat Officer, Eluru District at Eluru. (Formerly West Godavari District). The Executive Authority -cum-Panchayat Secretary, Kaikaram Grama Panchayat, Kaikaram Village, Unguturu Mandal, Eluru District. (Formerly West Godavari District). Tahsildar, Unguturu Mandal, Eluru District. (Formerly West Godavari District). Assistant Engineer, Major Irrigation Department, Tadepalligudem, West Godavari District. The Registrar, Institution of Lokayukta of Andhra Pradesh, Door No 96/3-72-124-1, Prasad's Complex, Santosh Nagar Colony, Kurnool, Andhra Pradesh. 1. 2. 3. 4. 5. 6. 7. 8. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] 9. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 11 .Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12.TWO CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh. [OUT] 13. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) H.Three C.D. Copies. Cnr HIGH COURT »»* DATED:10/01/2025 ORDER % ^ 2 8 JAN 2025 ^ . Current Section ml5 X WP.No.907 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS