I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 8 OF 2025 Between; Smt Nukapalli Devi, W/o Bulli Venkanna Age. 65 years, Occ. Agricultural Coolee, R/o. Addateegala Village and Mandal, ASR District, (Former East Godavari District), A.P. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Social welfare department, Velagapudi, Amarvati, A.P. 2. The Agent to the Government, Alluri Sita Ramaraju Distirct, Paderu, A.P. (Former East Godavari District, Kakinada). 3. The District Collector, Alluri Sita Ramaraju District, Paderu, A.P. 4. The Sub- Collector, Rampachodavaram, Alluri Sita Ramaraju District, A.P. (Former East Godavari District, Kakinada). 5. The Tahsildar, Addateegala Mandal, Alluri Sita Ramaraju District, A.P. (Former East Godavari District, Kakinada). 6. The District Panchayat Officer, ASR District, Paderu, A.P. 7. The Divisional Panchayat Officer, Rampachodavaram, ASR District, A.P. r 8. The Panchayat Secretary, Yellavaram Panchayat, Addateegala Mandal ASR District, A,P v; ', X ...Respondents ^tion under Article 226 of the Constitution of India praying that in •^^he-cifcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ. Order of Direction more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents particularly the 8th respondent herein taking away the crop by cutting with harvesting machines on Sunday on 22.12.2024 from 9 am to 11,pm without more giving any prior notice until on 20.12.2024, while the petitioner has been cutting paddy in the subject land over an extent of Ac. 5.70 cents Sy. NO.3/2, Ac.4.30 cents in Sy no.5 and Ac. 3.30 cents in Sy no. 1/3 the total extent of the schedule land is Ac. 13.30 cents situated at Rajavaram Village, Addateegala Mandal with assistance of the police of Addateegala by violating the orders of this Hon'ble court in WP No. 30894/2023 is illegal, arbitrary, unjust, violation of the principles of natural justice and violation of Articles 14, 19 (g) and 300-A of the constitution of India and consequently set aside the impunged notice dated 20.12.2024 issued by the 8th respondent served the petitioner on 21.12.2024 at 7.04 p.m. lA NO: 1 OF 2C)9R Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed pleased to direct the 8th Respondent herein to in support of the petition, the High Court may be return the paddy and cutting crop to the petitioner forthwith pending disposal of the writ petition and pass lA NO: 2 OF 207fi Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No. 3 to 8 herein praying that in the circumstances not to dispossess the petitioner from the land in question without following due process and against the orders passed in WP No. 30894/2023 and in O.S No. 2/2019 pending disposal of the writ petition. Counsel for the Petitioner; SRI. A S NARAYANA Counsel for the Respondent Nos. 1 &2 : GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 3 to 5; GP FOR REVENUE Counsel for the Respondent Nos. 6&7: GP FOR PANCHYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No. 8: SRI Y KOTESWARA RAO SC FOR ZPP, MPP AND GP The Court made the following order: APHC010606762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 8/2025 Between: Smt Nukapalli Devi ...PETITIONER AND The State of Andhra Pradesh and others Counsel for the Petitioner: 1.AS NARAYANA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR SOCIAL WELFARE ...RESPONDENT(S) The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT petition NO.8 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ, order of direction more particularly one in the nature of writ of Mandamus, declaring the action of the Respondenfs more particularly, respondent herein taking away the crop by cutting with harvesting machines on Sunday on 22.12.2024 from 9a.m., to 11p.m., without giving any prior notice until on 20.12.2024, while the petitioner has been cutting paddy in the subject land in an extent of Ac. 5.7Ocents Sy.No.3/2, Ac.4.30cents in Sy.No.5 and Ac.3.30cents in Sy.No.1/3, the total extent of the schedule land is Ac.13.30cents situated at Rajavaram Village, Addateegala Mandal with the assistance of the police of Addateegala by violating W.P.No.30894/2023, is illegal, arbitrary, unjust, violation of the principles of natural justice and violation of Articles 14, 19(g) and 300-A of the Constitution of India and consequently set aside the impunged notice, dated 20.12.2024 issued by the respondent served the petitioner on 21.12.2024 at 7.04 p.m., and pass such other order or orders... ” the orders of this Hon'ble Court in The petitioner herein earlier filed W.P.No.30894 of 2023 and this 2. Court vide order, dated 05.12.2023 disposed of the said writ petition with a direction to the respondents not to interfere with the possession of the petitioner over the subject lands without following the due process of law. the 8' of this Court the Relying on 3. said orders respondent/Panchayat Secretary has issued notice, dated 20.12.2024 directing the petitioner herein to vacate the subject lands. Assailing the said notice, the petitioner herein filed the present writ petition on the issued to the petitioner, the ground that without any prior notice respondents are directed to vacate the petitioner without following the due process of law. The said contention is contrary to the order, dated 05.12.2023 passed by this Court. 4. However, the petitioners are hereby directed to submit explanation to the notice, dated 20.12.2024 within a period of 10 days from today and on filing of such explanation, the respondents are hereby directed to examine the said explanation and addressing the contentions raised in the explanation, pass appropriate orders in and communicate the said decision to the accordance with law petitioner herein. Till such disposal of the explanation submitted by the petitioner, the respondents are hereby directed not to dispossess the petitioner from the subject lands. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand Sd/- A.VIJAVA BABU ASSISTANT REGISTRAR 5. closed. //true copy// SECTION OFFICER To, 1. The Principal Secretary Social welfare department, State of Andhra Pradesh, Velagapudi, Amarvati, A.P. 2. The Agent to the Government, Alluri Sita Ramaraju Distirct, Paderu, A.P. (Former East Godavari District, Kakinada) 3. The District Collector, Alluri Sita Ramaraju District, Paderu, A.P. 4. The Sub- Collector, Rampachodavaram, Alluri Sita Ramaraju District, A.P. (Former East Godavari District, Kakinada) 5. The Tahsildar, Addateegala Mandal, Alluri Sita Ramaraju District, A.P. (Former East Godavari District, Kakinada) 6. The District Panchayat Officer, ASR District, Paderu, A.P 7. The Divisional Panchayat Officer, Rampachodavaram, ASR District, A.P. 8. The Panchayat Secretary, Yellavaram Panchayat, Addateegala Mandal, ASR District, A,P 9. One CC to SfirA S Narayana Advocate [OPUC] 10. One CC to Sri. Y Koteswara Rao SC for ZPP, MPP and GP [OPUC] 11. Two CCs to GP for Social Welfare, High Court Of Andhra Pradesh. [OUT] 12. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 13. Two CCs to GP for Panchyat Raj and Rural Development, High Court Of Andhra Pradesh. [OUT] 14. Three CD Copies GSC HIGH COURT DATED:03/01/2025 ORDER WP.No.8 of 2025 ^OFANO/^ S 18 MAR 2025 Current Section DISPOSING OF THE WP WITHOUT COSTS