APHC010531032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY,THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 27147/2025 Between: 1. SHAIK DARBAR,, W/O SHAIK ABDUL KARIM, AGED ABOUT 60 YEARS, R/O. D. NO. 4-2-17/1, WARD-38, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. 2. THOTHURAMUDI VEERA SWAMY,, S/O PENTAYYA, AGED ABOUT 49YEARS, R/O. D. NO. 4-2-17/, WARD-38, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT.. 3. ADDANKI NIRMALAPATHI RAJU, , S/O ADDANKI CHINNA ISMAIL, AGED ABOUT 62 YEARS, R/O. D. NO. 4-2-7, REVENUE WARD-4, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. 4. BAMMIDI DURGA, , W/O DURGA RAO, AGED ABOUT 50 YRS, R/O. D. NO. 4- 2-5, WARD-38, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. 5. VAGIRI MOUNT ZION SYAM PRASAD,, AGED ABOUT 63 YEARS, R/O. D.NO. 4-2-43, WARD-38, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. 6. B. VIJAYA KUMARI,, W/O. JAMES KENT SAM PRASAD VAGIRI, R/O. D. NO. 4-2-42/1, WARD-38, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. 7. PILLI RAVI KRAN,, S/O CHITTI MOSES, AGED ABOUT 39 YEARS, R/O. D. NO. 4-2-9, REVENUE WARD-4, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. 8. PILLI MANI KUMAR, S/O CHITTI MOSES, AGED ABOUT 36 YEARS, R/O. D. NO. 4-2-9, REVENUE WARD-4, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT 9. MARY RAGEENA SANTHA KUMARI KURELLA,, W/O. SAUL RAJU, AGED ABOUT 65 YEARS, R/O. D. NO. 4-2-49, WARD-4, 2 LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. 10. SALLABATHULA RAMANA,, W/O. SALLABATHULA VIJAYA BABU, AGED ABOUT 38 YEARS, R/O. 4-2-2/2, WARD-38, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. 11. MADASU CHINNA APPANA,, S/O. M. NARASIMHAMURTHY, AGED ABOUT 50 YEARS, R/O. D. NO. 4-2-6, WARD-38, LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, OF WEST GODAVARI DISTRICT, O/O. COLLECTORATE, BHIMAVARAM. 3. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 4. STATE OF ANDHRA PRADESH, , REP. BY ITS COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 5. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 6. BHIMAVARAM MUNICIPALITY, REP. BY ITS COMMISSIONER, TOWN HALL ROAD, GANDHINAGAR, BHIMAVARAM, A.P. 534201. 7. THE SUPERINTENDENT ENGINEER, DRAINAGE DIVISION, SETTIPURA, NIDADAVOLE, WEST GODAVARI DISTRICT, A.P. 8. THE EXECUTIVE ENGINEER DRAIN, AGE DIVISION, O/O. THE MUNICIPAL COMMISSIONER, BHIMAVARAM MUNICIPALITY, TOWN HALL ROAD, GANDHINAGAR, BHIMAVARAM, A.P. 534201. 9. THE ASSISTANT ENGINEER, DRAINAGE DIVISION, O/O. THE MUNICIPAL COMMISSIONER, BHIMAVARAM MUNICIPALITY, TOWN HALL ROAD, GANDHINAGAR, BHIMAVARAM, A.P. 534201. 3 ...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 to pass orders, to issue writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the Respondents, more particularly the Respondent Nos. 1 and 2 and 5 to 9 and its authorities from initiating steps to dispossess the Petitioners from their dwelling houses by demolishing the same in S. No. 205/3, situated in Lankapeta, Bhimavaram, West Godavari District, even without prior written notice and enquiry, as illegal, unfair, unjustified and violative of Articles 14, 21 and 300 A of the Constitution of India and the laid principles of natural justice and fair play, thereby direct the Respondents not to initiate coercive steps of forceful demolition of the dwelling houses and forceful dispossession of the Petitioners from their respective properties in S. No. 205/3, Lankapeta, Bhimavaram in the interest of justice 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 to pass interim orders directing the Respondent Authorities, not to initiate any coercive steps against the Writ Petitioners, thereby direct the Respondents not to demolish the dwelling houses or dispossess the Petitioners from their respective properties in S. No. 205/3 of Lankapeta, Bhimavaram, West Godavari District, pending disposal of the writ, in the interest of justice, and also to pass Counsel for the Petitioner(S): 1. ANIL KUMAR DASARI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP MUNCIPAL ADMN AND URBAN DEV AP 4 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 27147/2025 Order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the Respondents, more particularly the Respondent Nos.1 and 2 and 5 to 9 and its authorities from initiating steps to dispossess the Petitioners from their dwelling houses by demolishing the same in S.No.205/3, situated in Lankapeta,Bhimavaram, West Godavari District, even without prior written notice and enquiry, as illegal, unfair, unjustified and violative of Articles 14, 21 and 300 A of the Constitution of India and the laid principles of natural justice and fair play, thereby direct the Respondents not to initiate coercive steps of forceful demolition of the dwelling houses and forceful dispossession of the Petitioners from their respective properties in S.No.205/3,Lankapeta,Bhimavaram in the interest of justice and to passsuch other order or orders.…” 2. The present Writ Petition is filed questioning the action of respondents in initiating steps for demolition of the dwelling houses and dispossessing the petitioners from the respective house properties situated in Sy.No.205/3 of Lankapeta, Bhimavaram Mandal, West Godavari District, as illegal, arbitrary and violation of Principles of Natural Justice. 3. Heard Sri Anil Kumar Dasari, learned counsel for the petitioners and Smt. V.Sireesha Rani, learned Standing counsel for Municipalities appearing for respondent No.6. 4. The petitioners claim to be the occupants of various extents of land in Sy.No.205/3 of Lankapeta, Bhimavaram Mandal, West Godavari District, 5 formore than six decades, either through their ancestors or by themselves being in occupation of the said land. They have also constructed residential houses over the same and the said properties also assessed for property tax and even provided with electricity. However, now the respondent No.6- Municipality has resorted to taking steps for demolition of house structures and also dispossessing them without any prior notice. Some of the petitioners have traced their right to the property through an Assignment order stated to have been issued by Mandal Revenue Officer. 5. Learned counsel for the petitioners submits that the petitioners have been residing in the houses in aforesaid survey number for a considerable period of time and that some of them have been issued pattas by Mandal Revenue Officer.Therefore, even without issuing any prior notice, they cannot be dispossessedby demolition the existing structures, which is clearly in violation of Principles of Natural Justice. 6. On the other hand, Smt. V.Sireesha Rani, learned Standing counsel appearing for the respondent No.6-Municipality, submits that the petitioners are all encroachers and the subject land belongs to Irrigation Department, which has been classified as YanamaduruMuruguKalava.None of the assignments which have been placed along with the Writ Petition pertain to any of the petitioners. Therefore, they cannot assert any right or title to the said property. 6 7. The fact remains that the petitioners are presently in occupation of various extents and have also constructed houses and are living there.Even if it is to be treated that petitioners are encroachers, still they are entitled to be issued prior show cause notice before any steps are initiated to either dispossess or demolition of the structures. That apart, since some the petitioners claim to have been issued assignmentpattas, even the said aspect is also required to be examined whether such pattas are validly issued and whether any rights accrue in favour of the petitioners. Unless aforesaid exercise is conducted by issuing prior notice to the petitioners, they cannot be straight away dispossessed from the subject property. 8. In view of the aforesaid submissions made by the respect counsels and considering the facts and circumstances of the case, it would suffice to dispose of the Writ Petition at the admission stage by directing the respondents to issue show cause notice to the petitioners and call for explanation before they propose any coercive action against petitioners. Upon issuance of such show cause notice, the petitioners are permitted to submit explanation raising all objections and thereafter, the respondents are to pass appropriate speaking orders in accordance with law. Till such time the respondents are directed not to dispossess the petitioners from the subject property. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 7 As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 03.10.2025 SNI 8 2 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 27147/2025 Date: 03.10.2025 SNI