^. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 29214 OF 2024 Between: 1. Irrinki China Gangayya, S/o. Naganna, Aged 65 years, Occupation. Agricultural Cooli, R/o. D.No.5-199(Old), 5-142 (New), Green City road, NTR Bomma Center, Peda Amiram Village, Peda Amiram Grama Panchayat, Kalla Mandalam, West Godavari District. 2. Irrinki Naaga Jaendrudu, S/o. Chinna Gangayya, Aged 46 years. Occupation. Agricultural Cooli, R/o. D.No.5-199(Old), 5-142 (New), Green City road, NTR Bomma Center, Peda Amiram Village, Peda Amiram Grama Panchayat, Kalla Mandalam, West Godavari District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Dept, Secretariat, Velagapudi 2. The District Collector, West Godavari District, Bhimavaram 3. The Tahsildar, Kalla Mandalam, West Godavari 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 an appropriate writ, order or direction, particularly, one in the nature of Writ of Mandamus more a) To declaring the high handed action of the respondents attempting to dispossess the petitioners from the land within the specified boundaries demolishing/removing the construction therein as illegal, arbitrary and violative of Articles 21 and 300-A of the Constitution of India b) direct the respondents not to dispossess the petitioners from the land in Re-survey No.465-1, Peda Amiram Village, Kalla Mandal, while directing the respondents to follow the guidelines issued by the Honble Apex Court in State of Andhra Pradesh Vs. Turnmala Venkata Krishna Rao, and Re. Directions in the matter of demolition of structures and grant such. lA NO: 1 OF 2024 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 dispossess the petitioners from the land in Re-survey No.465-1, Peda Amiram Village, Kalla Mandal, within the boundaries mentioned in the possession certificates, pending disposal of the main writ petition. lA NO: 2 OF 2024 Between; The Tahsildar, Kalla Mandalam, West Godavari District. ...Petitioner/Respondent AND 1. Irrinki China Gangayya, S/o. Naganna, Aged 65 years. Occupation. Agricultural Cooli, R/o. D.No.5-199(Old), 5-142 (New), Green City road, NTR Bomma Center, Peda Amiram Village, Peda Amiram Grama Panchayat, Kalla Mandalam, West Godavari District. 2. Irrinki Naaga Jaendrudu, S/o. Chinna Gangayya, Aged 46 years. Occupation. Agricultural Cooli, R/o. D.No.5-199(Old), 5-142 (New), Green City road, NTR Bomma Center, Peda Amiram Village, Peda Amiram Grama Panchayat, Kalla Mandalam, West Godavari District. ...Respondents/Petitioners 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Dept, Secretariat, Velagapudi 4. The District Collector, West Godavari District, Bhimavaram. ...Respondents/Respondents {R3 & R4 are not necessary parties in this petition) 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 vacate the interim order dated 11.12.2024 in WP.No.29214 of 2024 and to dismiss the Writ Petition. Counsel for the Petitioner: SMT M.V. RAMANA KUMARI FOR M/s MALLAVOLU NIKITHA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: [3328] APHC010562262024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) H THURSDAY,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 29214/2024 Between: 1.IRRINKI CHINA GANGAYYA, S/0. NAGANNA, AGED 65 YEARS, OCCUPATION. AGRICULTURAL COOLI, R/0. D.N0.5-199(0LD), 5- 142 (NEW), GREEN CITY ROAD, NTR BOMMA CENTER, PEDA AMIRAM VILLAGE, PEDA AMIRAM GRAMA PANCHAYAT, KALLA MANDALAM, WEST GODAVARI DISTRICT. 2.IRRINKI NAAGA JAENDRUDU,, S/0. CHINNA GANGAYYA, AGED 46 YEARS. OCCUPATION. AGRICULTURAL COOLI, R/0. D.N0.5- 199(OLD), 5-142 (NEW), GREEN CITY ROAD, NTR BOMMA CENTER, PEDA AMIRAM VILLAGE, PEDA AMIRAM GRAMA PANCHAYAT, KALLA MANDALAM, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPT, SECRETARIAT, VELAGAPUDI 2.THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM 3.THE TAHSILDAR, KALLA MANDALAM, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): >5--. 2 A 1.MALLAV0LU NIKITHA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Smt.M.V.Ramana Kumari, learned Counsel of Ms.M.Nikitha, learned Counsel for the Petitioners learned Assistant Government Pleader and Sri K.M.Krishna Government Pleader. The present Writ Petition is filed seeking following relief: to issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus (a) declaring the high handed action of the attempting to dispossess the petitioners from the land within the specified boundaries demolishing/removing the construction illegal, arbitrary and violative of Articles 21 Constitution of India; (b) direct the respondents not to dispossess the from the land in Re-survey No. 465-1, Peda Amiram Village, Kalla Mandal, while directing the respondents to follow the issued by the Hon'ble Apex Court in State of Andhra Pradesh Vs. Tummala Venkata Krishna Rao; and Re; Directions demolition of structures and (c)grant such other relief or reliefs this Hon'ble Court deems fit and proper in the circumstances of the appearing on behalf Sri K.Arjun Chowdary, Reddy, learned 2. respondents therein as and 300-A of the petitioners guidelines in the matter of case. 3. Writ Petitioner No.2 is the son of the Writ Petitioner No.1 submission of the learned Counsel for It is the the^etitioners that the Writ Petitioners 3 are agricultural laborers and have occupied certain extents of land (120 Sq.Yards) in R.S.No.465-1 and raised a thatched house for residential purpose. It is stated that thereafter the Writ Petitioners have applied for issue of patta through Gram Panchayat and that the Gram Panchayat vide Resolution No.47 dated 01.02.2002 recommended for grant of pattas for assigning residential site to both the Writ Petitioners. It is also stated that the Mandal Revenue Officer issued possession certificate to both the Petitioners after assessing the Petitioners as landless/houseless poor persons whose income is less than Rs.9,000/- per annum. It is stated that the Petitioners have constructed a two storied building with RCC roofs and the Writ Petitioner No.1 and his other family members including Writ Petitioner No.2 have been in occupation and residing in the said house, both on the ground floor as well as on the first floor. It is an admitted fact, as averred in Paragraph No.5 of the Affidavit filed 4. in support of this Writ Petition, that the Writ Petitioners have constructed a two storied house with RCC roofs in the space which is shown as Kaluva (canal) in the revenue record. The Official Respondents herein would contend that the natural 5. resources which are a natures’ bounty cannot be occupied by anyone and the natural resources will have to be kept and maintained in their pristine form and 4 therefore, the Writ Petitioners have no right to reside in the subject house. V., They have placed reliance on Hinch Lai Tiwari Vs. Kamala Devi And Ors . Learned Counsel for the Respondents would also state that a Division 6. Bench of this Hon’ble Court have also given directions for evicting all encroachers who have occupied the natural resources in W.P.(PIL).No.140 of 2022. It is stated that in the process of implementation of the judgment rendered by the Hon’ble Supreme Court in Hinch Lai Tiwari’s case and the orders in W.P.(PIL).No.140 of 2022, the Official Respondents are now seeking to evict not only the Writ Petitioners but also the other encroachers in the said area. It is further submitted that the other persons who are in occupation of the said land have not only consented to vacate, but they have infact vacated from the neighbouring area; and that it is only the Writ Petitioners herein who are resisting to vacate. It is further stated that the Official Respondents would follow the due process of law after examining the correctness of the documents produced by the Writ Petitioners. 7. When this matter was heard on 08.01.2025, Sri K.M.Krishna Reddy, learned Government Pleader has submitted Written Instructions dated 08.01.2025 indicating that all the encroachers who have occupied ‘Kaluva’ (Canal) area have vacated and that the Government h^ve decided to allot Ac.0.02 cents of land for each of the occupants for construction of a house. A copy of the said Written Instructions dated 08.01.2025 submitted by the ^ 2001 (6) see 496 5 Tahsildar of Kalla is served on the learned Counsel for the Petitioners. The same is taken on record. The said Written Instructions would indicate that nine encroachers have 8. already vacated voluntarily and they are now being given house site pattas. Learned Government Pleader would submit that the similar benefit would also be extended to the Writ Petitioners herein. He would also submit that the Government is taking steps to enable the allottees of Ac.0.02 cents of land to avail financial assistance for building houses. 9. At this stage, learned Counsel for the Petitioners has submitted photographs of the existing house. 10. This Court has perused the photographs. The house consists of two floors, both the floors have RCC roofs. Learned Counsel for the Petitioners would submit that since the Petitioners have constructed the existing house after receiving sanction/permission from the Panchayat as well as the Revenue Officials, if they are to be evicted, the Writ Petitioners would be entitled for sufficient compensation. This Court is of the opinion that the prayer \ of the learned Counsel for the Petitioners is just and reasonable and also in consonance with the established law that adequate compensation shall be provided basing on the nature of construction even if the construction is completely unauthorised. Whereas, in the case on hand, the Writ Petitioners are relying on several documents (Exs.P.1, P.3, to P.7) to state that they are not encroachers, which is yet to be ascertained. The Official Respondents 6 shall make an assessment of the existing residential from which the Writ Petitioners appropriate compensation for the said building i r-v structures in the area now sought to be evicted and are pay 11. Under the present circumstances since it is noticed by the Court that the Petitioners herein are living with their families in the house which is shown in the photographs, they cannot be evicted from the said place without arranging a suitable alternate accommodation to them. However, it is also clarified that the Writ Petitioners cannot insist on allotting a plot in the same area with regard to the alternate accommodation in as much as the Petitioners have built their house in the Canal area which is impermissible. 12. With these observations and directions allowed. No order as to costs. this Writ Petition stands 13. Interlocutory Applications, if any, stand closed in terms of this order SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// - / To. 2. The District Collector, West Godavari District, Bhimavaram. 3. The Tahslldar, Kalla Mandalam, West Godavari District. 4. One CC to M/s Mallavolu Nikitha 5. Two CCS to GP for Revenue, 6. Two CD Copies Advocate [OPUC] High Court of Andhra Pradesh. [OUT] RAM HIGH COURT DATED: 09/01/2025 ORDER WP.NO. 29214 of 2024 I 2 2 JAN 2125 ¥ ^ . Current Section ALLOWING THE WP WITHOUT COSTS