APHC010709832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36348/2025 Between: 1. SASAPU CHINNA APPALNAIDU, S/O. LATE SURAPPALA NAIDU AGED ABOUT 65 YEARS, CULTIVATION, R/O. D.NO. 1-120, BURADA VILLAGE, REGIDI AMADALAVALASA MANDALAM, VIZIANAGARM DISTRICT. 2. REDDY MADHUSUDHAN RAO,, S/O. LATE GURU NAIDU, AGED ABOUT 37 YEARS. CULTIVATION, R/O. D.NO.3-67, BURADA VILLAGE, REGIDI AMADALAVALASA MANDALAM, VIZIANAGARM DISTRICT. 3. SASAPU VISWESWARA RAO,, S/O. LATE LAKSHUM NAIDU, AGED ABOUT 55 YEARS. CULTIVATION, R/O. D.NO. 2-7, BURADA VILLAGE, REGIDI AMADALAVALASA MANDALAM, VIZIANAGARM DISTRICT. 4. SASAPU DALINAIDU, , S/O. LATE SURAPPALA NAIDU, AGED ABOUT 73 YEARS. CULTIVATION, R/O. D.NO. 2-16, BURADA VILLAGE, REGIDI AMADALAVALASA MANDALAM, VIZIANAGARM DISTRICT. 5. REDDY TIRUPATHI RAO,, S/O. LATE REDDY THAVITI NAIDU, AGED ABOUT 64 YEARS. CULTIVATION, R/O. D.NO.13-60, GAJULAREGA, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 6. SASAPU SATYAM NAIDU,, S/O.LATE SURAPPALA NAIDU, AGED ABOUT 77 YEARS. CULTIVATION, R/O. D.NO.2-11, BURADA VILLAGE, REGIDI AMADALAVALASA MANDALAM, 2 VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REVENUE DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.522237 2. THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.522237 3. THE DISTRICT COLLECTOR, VIZAINAGARAM, VIZAINAGARAM DISTRICT. 535001 4. THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI, VIZIANAGARAM DISTRICT 535128 5. THE TAHSILDAR, REGIDI AMADAVALSAVA MANDAL, VIZAINAGARAM DISTRICT,532440 6. THE BURADA GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, BURADA VILLAGE, REGIDI AMADAVALSAVA MANDAL VIZAINAGARAM DISTRICT.532440 7. LUKALAPU NARAYANAMMA, W/O LATE APPANA, AGED ABOUT 75 YEARS, R/O D. NO. 1-81 BURADA VILLAGE, REGIDI AMADAVALSAVA MANDAL VIZAINAGARAM DISTRICT 532440 8. ALLU RAMA KRISHNA, S/O LATE TAVITHI NAIDU, AGED ABOUT 40 YEARS, EMPLOYEE CONSTABLE, R/O D NO 1-84, BURADA VILLAGE, REGIDI AMADAVALSAVA MANDAL, VIZAINAGARAM DISTRICT 532440 ...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 to issue an appropriate order, writ or direction, more particularly one in the nature of writ of mandamus, declaring the high handed action of respondents more particularly Respondents No. 5 in 3 interfering with peaceful possession and enjoyment of the subject property of the petitioners herein without following due process of law and without conducting survey and without putting the petitioners herein on notice, of land admeasuring of an extent of Ac. 3.12 centsin Sy No. 64/2 situated at Burada Village, Regidi Amadavalsava Mandal, Vizainagaram District, as illegal, arbitrary, unjust, contrary to law and violative of principles of natural justice and besides being violative of Articles 14, 21, 19 and 300 -A of the Constitution of India, and consequently direct the respondents not to disposes the petitioners herein from the subject property of an extent of Ac. 3.12 cents of land in Sy No. 64/2 situated at Burada Village, RegidiAmadavalsava Mandal, Vizainagaram District, and direct the respondents to conduct fresh survey for sub division of the properties in Sy No. 64/2 by issuing notices to all the parties concerned and further consider the representations and PGRS Complaints vide Ref No. VZM202512081828 and VZM202512081014 dated 08.12.2025 and 08.12.2025, in the interest of justice, and pass IA 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 disposes the petitioners herein from the subject property of an extent of Ac. 3.12 cents of land in Sy No. 64/2 situated at Burada Village, Regidi Amadavalsava Mandal, Vizianagaram District, in the interest of justice, and pass IA NO: 2 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 to conduct fresh survey for sub division of the properties in Sy No. 64/2 by issuing notices to all the parties concerned and also the petitioners herein, in the interest of justice, and pass Counsel for the Petitioner(S): 1. M SRI ATCHYUT Counsel for the Respondent(S): 4 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. PUBLIC PROSECUTOR The Court made the following: ORDER: To declare the action of the 5th respondent in interfering with the peaceful possession and enjoyment of the subject property to an extent of Ac.3.12 cents in Sy.No.64/2 situated in Burada Village, Regidi Amadavalasa Mandal, Vizianagaram District, without following due process of law and without conducting survey or issuing notice, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri M.Sri Atchyut, learned counsel for the petitioners and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners while reiterating the contents of the affidavit submitted that the petitioners succeeded the subject property from their forefathers and are in peaceful possession and enjoyment of the same. The petitioners also granted Pattadar Passbooks respectively in their favour. While so, when the unofficial respondents, in collusion with the official respondents, tried to dispossess the petitioners from the subject property, the petitioners made complaints dated 08.12.2025 to the respondents, however, as they did not stop interference, filed the present writ petition and this Court, on 26.12.2025, directed the 5th respondent not to interfere with the possession of the petitioners over the 5 subject property without following due process. He further submitted that no prior notice has been issued by the respondents before interfering with the possession of the petitioners and if the same is allowed to continue, it affects the rights of the petitioners, accordingly, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Assistant Government Pleader for Revenue on written instructions dated 30.12.2025 submitted that the subject property is Government land (Banjaru) and the petitioners, having no title over the same and no pattas were granted in their favour or their predecessors but they are claiming rights only on the basis of pattadhar passbooks, as such, no indulgence can be shown on the petitioners and the writ petition is liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. As could be culled out from the facts and submissions made by the respective parties, admittedly the petitioners are in possession and enjoyment of the subject property and they have pattadar passbooks in their favour. A perusal of the written instructions vide Rc.No.366/2025 dated 30.12.2025 would indicate that the petitioners have encroached the government land. However, there is no material to show that any prior show cause notice inviting explanation has been given to the 6 petitioners. It is well settled that even encroacher is entitled to notice. In the present case, no notice has been issued to the petitioner as contemplated under law as per G.O.Ms.No.188 dated 21.07.2011. In view of the above, this Court is inclined to dispose of the writ petition by passing the following order:- “The respondents are directed not to interfere with the subject property except under due process of law.” 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 31st December, 2025 RKS