APHC010656232018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31524/2018 Between: 1. DR. B.R. AMBEDKAR EDUCATIONAL AND CHARITABLE ORIGINATION, SOCIETY REGISTRATION NO. 278 OF 1999, REPRESENTED BY SECRETARY, K. RAYAPPA, S/O VENKATA REDDY, AGED ABOUT 46, D.NO. 19-539/1, DOWLAISWARAM, RAJAMAHENDRAVARAM RURAL MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL SECRETARY, IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF IRRIGATION, WATER RESOURCES DEPARTMENT, IRRIGATION COMPOUND, PWD GROUNDS, VIJAYAWADA, KRISHNA DISTRICT. 3. THE CHIEF ENGINEER, GODAVARI DELTA SYSTEM, DOWLAISWARAM, RAJAMAHENDRAVARAM RURAL MANDAL, EAST GODAVARI DISTRICT. 4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DOWLAISWATARN, RAJAMAHENDRAVARAM RURAL MANDAL, EAST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, DOWLAISWARANI, RAJAMAHENDRAVARAM RURAL MANDAL, 2 VS,J W.P.NO.31524 OF 2018 EAST GODAVARI DISTRICT. 6. THE TAHSILDAR, RAJAMAHENDRAVARAM RURAL MANDAL, EAST GODAVARI DISTRICT 7. THE RAJAMAHENDRAVARAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...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 toto issue Writ, order or orders specially one in the nature of Writ of Mandamus the action of the respondents and its officials in trying/attempting to evict the inmates/residents of the petitioner Organization from the building in Door No.15-280(old D.No.19-529/1), Dowlaiswaram village, Rajamahendravaram Rural Mandal, East Godavari District, without issuing any notice either under Land Encroachment Act or any other Act in vogue is illegal, arbitrary, violative of principles of natural justice, and consequently direct the respondents not to evict the inmates/residents petitioner Organization from the building bearing Door No. 15-280 (old D.No. 19-529/1), Dowlaiswaram village, Rajamahendravaram Rural Mandal, East Godavari District, and pass IA NO: 1 OF 2018 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 interfere with the peaceful possession, enjoyment of the. building, bearing Door No.15-280(old D.No. 19-529/1), Dowlaiswaram village, Rajamahendravaram Rural Mandal, East Godavari District, being run by the petitioner organisation, pending-disposal of the above Writ Petition and pass IA NO: 2 OF 2018 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 in I.A.No.1 of 2018 in W.P.No. 31524 of 2018 dated 31.8.2018 and pass Counsel for the Petitioner: 3 VS,J W.P.NO.31524 OF 2018 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) 3. ANCHA PANDURANGA RAO 4. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.NO.31524 OF 2018 ORDER:- The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue Writ, order or orders specially one in the nature of Writ of Mandamus the action of the respondents and its officials in trying/attempting to evict the inmates/residents of the petitioner Organization from the building in Door No.15-280(old D.No.19-529/1), Dowlaiswaram village, Rajamahendravaram Rural Mandal, East Godavari District, without issuing any notice either under Land Encroachment Act or any other Act in vogue is illegal, arbitrary, violative of principles of natural justice, and consequently direct the respondents not to evict the inmates/residents petitioner Organization from the building bearing Door No. 15-280 (old D.No. 19-529/1), Dowlaiswaram village, Rajamahendravaram Rural Mandal, East Godavari District, and pass..” 2. When the writ petition came up for admission on 31.08.2018, this Court passed the following interim orders:- “Petitioner is admittedly running an old age Home and school for deaf and dumb in the subject property. Without following the provisions of the A.P.Public Premises (Eviction of Unauthorized Occupants) Act, 1968 and providing alternative shelter to the old aged persons in the Home and to the deaf and dumb children there, the respondents shall not interfere with the possession and enjoyment of the petitioner of the subject property ”. 3. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader. 4. Today, when the matter came up for hearing, the learned Assistant Government Pleader furnished a copy of instructions dated 03.09.2025, wherein it is admitted that pursuant to the interim orders passed by this Court on 31.08.2018, the petitioner is in possession of Door No.15-280 (old 5 VS,J W.P.NO.31524 OF 2018 D.No.19-529/1), and that the respondents are not interfering with the petitioner’s possession of the said property in door No. 15-280 (old D.No.19- 529/1) Dowlaiswaram, Rajamahendravaram Rural Mandal, East Godavari District 5. In view of the above circumstances, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents not to interfere with the petitioner’s possession over the subject property Door No.15-280 (old D.No.19-529/1), without following due process of law. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA 03.09.2025 LSP 6 VS,J W.P.NO.31524 OF 2018 181 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31524/2018 03.09.2025 LSP 7 VS,J W.P.NO.31524 OF 2018