IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 970 OF 2025 Between: 1. Make Balaraju, S/o Suranna, aged 66 years, R/o D.No 1-120, Kandulapadu Colony Bandarulanka Dr BRA Konaseema District 2. Nukapeyyi Arjunarao, S/o.Verreyya, aged 48 years, R/o 1-143, Kandulapadu Bandarulanka Dr BRA Konaseema District 3. Rayudu Meera Saheb, S/o Veeranna Sette, aged 65 years, R/o D.No 1- 107/1, Kandulapadu Colony Bandarulanka Dr BRA Konaseema District 4. Make Bhaskara rao, S/o Suranna, aged 70 years, R/o D.No 1-121, Kandulapadu Colony Bandarulanka Dr BRA Konaseema District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat and Rural Development Department, Velagapudi, Guntur District. 2. District Collector, Dr B R Ambedkar Konaseema District, Amalapuram 3. Gram Panchayat, Bandaru Lanka, Amalapuram Mandal, Dr BRA Konaseema District Rep by its Secretary 4. Tahsildhar, Amalapuram Mandal, Dr BRA Konaseema 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 writ, order or direction, more particularly one in the nature of Mandamus declaring the action of the Respondents in proposing to demolish the marked portion of the house bearing D.Nos.1-120, 1-143, 1-107/1 and 1-121 of the petitioners respectively in a piece of land around 0.03 cts in S.N0.228/2B and 243/2 of Bandarulanka Village of Amalapuram Mandal, Dr BRA Konaseema District without following proper process of law and the notices dt 4-12-2024 and 30-12-2024 issued by the 3rd respondent as illegal, arbitrary and violative of principles of natural justice consequently directing the respondents to consider the objections dt 3-1-2025 of the petitioners and conduct survey in their presence. 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 to direct the respondents not to demolish the marked portion of the house bearing D.Nos.1-120, 1-143, 1-107/1 & 1-121 of the petitioners respectively in a piece of land around 0.03 cts in S.No.228/2B & 243/2 of Bandarulanka Village of Amalapuram Mandal, Dr BRA Konaseema District pursuant to the notices dt 4-12-2024 & 30-12-2024 issued by the 3 respondent. Counsel for the Petitioner: SRI T. V. S. PRABHAKARA RAO Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL rd DEVELOPMENT Counsel for the Respondent Nos.2 & 4: GP FOR REVENUE Counsel for the Respondent No.3: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010017952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) f [3329] -r.=£j:-2 FRIDAY,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 970/2025 Between: Make Balaraju and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. T V S PRABHAKARA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE ...RESPONDENT(S) 4;. 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 writ, order or direction, more particularly one in the nature of Mandamus declaring the action of the Respondents in proposing to demolish the marked portion of the house bearing D.Nos.1-120, 1-143, 1-107/1 and 1- 121 of the petitioners respectively in a piece of land around 0.03 cts in S.N0.228/2B and 243/2 of Bandarulanka Village of Amalapuram Mandal, Dr BRA Konaseema District without following proper process of law and the notices dt 4-12-2024 and 30-12-2024 issued by the 3""^ respondent as illegal, arbitrary and violative of principles of natural Justice consequently directing the respondents to consider the objections dt 3-1-2025 of the petitioners and conduct survey in their presence and pass such other order or orders...’’ 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 the petitioners’ properties, without following due process of law. \ 2. Learned Assistant Government Pleader for Panchayat Raj 3. submitted that the respondents authorities would follow due process of law and requested to pass appropriate orders. The petitioners are the absolute owners of the properties situated in house bearing D.Nos.1-120, 1-143, 1-107/1 and 1-121, respectively, in a piece of land around 0.03 cts in S.No.228/2B and 4. 3 243/2 of Bandarulanka Village of Amalapuram Mandal, Dr B.R.A. Konaseema District. As seen from the relief claimed by the petitioners it appears that, the respondents are trying to demolish the subject house properties. 5. When the petitioners are in settled possession and enjoyment of the properties, 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 right 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 LRs. 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 4 6. In view of the ratio laid down in the supra referred judgment the respondents are directed not to demolish the petitioners properties, except by due process of law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. The miscellaneous petitions pending, if any, shall also stand closed. I Sd/-K.SR1NIVASA RAJU ASSISTANT REGISTRAR SE^TONOFFICER ■i //TRUE COPY// >1 To The Principal Secretary, Panchayat and Rural Development Department, State of Andhra Pradesh, Velagapudi, Guntur District. The District Collector, Dr B R Ambedkar Konaseema District, Amalapuram The Secretary, Gram Panchayat, Bandaru Lanka, Amalapuram Mandal Dr BRA Konaseema District. Tahsildhar, Amalapuram Mandal, Dr BRA Konaseema District One CC to Sri T. V. S. Prabhakara Rao, Advocate [OPUC] One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] Two CCs to GP for Panchayat Raj Rural Development, High Court of Andhra Pradesh. [OUT] Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. 9. ssb / ^ HIGH COURT # / « DATED:10/01/2025 ORDER WP.No.970 of 2025 5 2 7 JAN 2325 . Current Section o\> 09 DISPOSING OF THE W.P. WITHOUT COSTS