i- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO ' WRIT PETITION NO: 31526 OF 2024 Between: Yellapu Annapurna, W/o. Sreenivas, Aged about 46 years, Occ: House Wife, H. No. 30-43-5, Lakshmipuram Colony, Near 3 Vepachetlu Vadlamudi RHC Visakhapatnam Rural, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Panchayat Raj and Rural Development Department, A.P Secretariat, Velagapudi, Amaravathi Guntur District. 2. The District Collector, Anakapalli AnakapalliA/isakhapatnam District. 3. The Mandal Parishad Development Officer, Munagapaka Mandal AnakapalliA/isakhapatnam District. 4. The Grama Panchayat Secretary, Thimmarajupeta Village Munagapaka Mandal, Anakapalli/Visakhapatnam 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 be pleased to issue an appropriate Writ Order or orders or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare action of the respondents No. 3 and 4 in threatening to dispossessing the petitioner from her house sites for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters, for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters and for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. may 4 f Meters in Sy. No. 19/1 situated in Thimmarajupet Village, Munagapaka Mandal, Anakapalli Visakhapatnam District, as highly illegal, arbitrary, voilative of the Arts 14, 21, 300 (A) of the Constitution of India and .consequently direct the respondents No, 3 and 4 not to dispossess the petitioner from the subject house sites without following the due process of law. 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 No. 3 and 4 not to dispossess the petitioner from the house sites for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters, 388-888 Sq. Yards or 325.149 Sq. Meters and 388- 888 Sq. Yards or 325.149 Sq. Meters in Sy. No. 19/1 situated in Thimmarajupet Village, Munagapaka Mandal, Anakapalli/ Visakhapatnam District. Counsel for the Petitioner: SRI VENKATESWARLU GADA Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE The Court made the following: ORDER 3^' APHC010603362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330] (Special Original Jurisdiction) MONDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31526/2024 Between: Yellapu Annapurna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VEN KATESWAR LU GADA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE Cl 2 The Court made the following order:- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue an appropriate Writ Order or orders or Direction more particularly one in the nature of Writ of Mandamus to declare action of the respondents No. 3 and 4 in threatening to dispossessing the petitioner from her house sites for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters, for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters and for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters in Sy. No. 19/1 situated in Thimmarajupet Village, Munagapaka Mandal, Anakapalli Visakhapatnam District, as highly illegal, arbitrary, voilative of the Art 14, 21, 300 (A) of the Constitution of India and respondents No, 3 and 4 not to dispossess the petitioner from the subject house sites without following the due process of law and pass such other order or orders...." consequently direct the The short grievance of the petitioner is that the respondent authorities without having any manner of right and without issuing any notice, prevented the petitioner from construction in the subject property and also trying to dispossess the petitioner from the said property. Aggrieved by the same, the present writ petition is filed. 2. Heard learned counsel for the petitioner and learned counsel for 3. the respondents. Learned Assistant Government Pleader furnished proceedings 4. dated 05.01.2025, which was addressed by the Panchayat Secretary, Timmarajupeta Gram Panchayat to the learned Standing Counsel for Gram Panchayat, A.P.High Court. The said proceedings transpires 3 that the Thimmarajupeta Gram Panchayat did not issue any notice to the petitioner and if the Gram Panchayat is willing to remove any illegal encroachments on the Government land within the limits of Gram Panchayat, the authorities will follow due procedure, as prescribed under the Panchayat Raj Act, 1994 and Go.Ms.No.188. Basing on the assertions made in the written instructions, the present Writ Petition is disposed of, directing the 3 respondents not to dispossess the petitioner from the subject lands without following due process of law. There shall be no order as to 5. th rd and 4 costs. As a sequel thereto, miscellaneous Petitions pending, if any, Sd/- U.SRI DEVI ASSISTANT! REGISTRAR SECThN OFFICER shall stand closed. //TRUE COPY// To 1.' The Principal Secretary, Panchayat Raj & Rural Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli Anakapalli Visakhapatnam District. 3. The Mandal Parishad Development Officer, Munagapaka Mandal Anakapalli/Visakhapatnam District. (BY RPAD) 4. The Grama Panchayat Secretary, Thimmarajupeta Village, Munagapaka Mandal Anakapalli/Visakhapatnam District. (BY RPAD) 5. One CC to Sri Venkateswarlu Gada, Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. gi HIGH COURT DATED:06/01/2025 ORDER WP.No.31526 of 2024 O 10 JAN 2025 n, Current Seciion . DISPOSING OF THE WRIT PETITION WITHOUT COSTS