APHC010304772020 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. M. GANAPATHI, S/0 M. LAHSHMANA RAO,HINDU, AGED ABOUT 28 YEARS, R/O RAVULAVALASA VILLAGE, OCC ROMARTHI POST, NARASANNAPETA MANDAL, SRIHAHULAM DT. 2. DR. SADHU RAMA MOHAN RAO,, NAIDU, HINDU, AGED ABOUT 59 YEARS, OCC PRACTITIONER, R/O MARUTHINAGAR, NARASANNAPETA, SRIHAHULAM DT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY (REVENUE). SECRETARIAT, VELAGAPUC ARNARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTORCUMMAGISTRATE, COLLECTORATE COMPOUND, SRIHAHULAM, SRIHAHULAM DISTRICT. 3. THE TAHSILDAR, NARASANNAPETA MANDAL, NARASANNAPETA, SRIHAHULAM DISTRICT. 4. THE DY EXECUTIVE ENGINEER ROADS AND BUILD NARASANNAPETA, SRIHABULAM DISTRICT. 5. THE EXECUTIVE OFFICER, NARASANNAPETA GRAM PANCHAYAT, NARASANNAPETA, SRLHAKULAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20168/2020 M. GANAPATHI, S/0 M. LAHSHMANA RAO,HINDU, AGED ABOUT 28 YEARS, R/O RAVULAVALASA VILLAGE, OCC- ROMARTHI POST, NARASANNAPETA MANDAL, SRIHAHULAM DT. DR. SADHU RAMA MOHAN RAO,, S/O SADHU APPALASWAMY NAIDU, HINDU, AGED ABOUT 59 YEARS, OCC PRACTITIONER, R/O MARUTHINAGAR, NARASANNAPETA, ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY (REVENUE). SECRETARIAT, VELAGAPUC ARNARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTORCUMMAGISTRATE, COLLECTORATE COMPOUND, SRIHAHULAM, SRIHAHULAM DISTRICT. THE TAHSILDAR, NARASANNAPETA MANDAL, NARASANNAPETA, SRIHAHULAM DISTRICT. THE DY EXECUTIVE ENGINEER ROADS AND BUILDINGS R AND B, NARASANNAPETA, SRIHABULAM DISTRICT. THE EXECUTIVE OFFICER, NARASANNAPETA GRAM PANCHAYAT, NARASANNAPETA, SRLHAKULAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI M. GANAPATHI, S/0 M. LAHSHMANA RAO,HINDU, AGED ABOUT 28 - BUSINESS, ROMARTHI POST, NARASANNAPETA MANDAL, SRIHAHULAM DT. S/O SADHU APPALASWAMY NAIDU, HINDU, AGED ABOUT 59 YEARS, OCC- MEDICAL PRACTITIONER, R/O MARUTHINAGAR, NARASANNAPETA, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY (REVENUE). SECRETARIAT, VELAGAPUCLI, THE DISTRICT COLLECTORCUMMAGISTRATE, COLLECTORATE COMPOUND, SRIHAHULAM, SRIHAHULAM DISTRICT. THE TAHSILDAR, NARASANNAPETA MANDAL, NARASANNAPETA, INGS R AND B, THE EXECUTIVE OFFICER, NARASANNAPETA GRAM PANCHAYAT, 2 6. THE PROJECT DIRECTORCUM ADDITIONAL DISTRICT PROGRAMME COORDINATOR MGNREGS DWMA, SRLHAHULAM, SRIHAKULAM DT. ...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 any writ or direction or order, more particularly in the nature of writ of mandamus declaring the action of the Respondents 2 to 6 in interfering with the peaceful possession and enjoyment of the petitioners property and proposing to demolition and dispossession of the same without notice purchased by the ft petitioner under Registered Sale Deed dated 27-03- 2015 (Ex.P1) Tin sheet roofed vacant site measuring North-South 22 feet on the eastern side 22 feet, at the middle 18 feet and at the western end 5 feet and East-West 25 feet, wherein Tin sheet roofed house measuring East-West 15 feet and North-South 22 feet now converted into shop and running Ramu Plywood and Hardware Shop in D.No. 23-280, Assessment No. 499712014- 15 in 5y. No. 215-1 of Gottipalli Revenue Village, Ward No. 16, Block No. 23 of Narasannapeta Panchayat and Mandal of Srikakulam Dt. and the property purchased by the 2 writ petitioner under Registered Sale Deed dated 03-03- 2004 ((s. P2) for an extent of 107 square yards site measuring East-West 60 feet and North-South 16 feet thereafter constructed Tin sheet roofed Godown measuring East-West 60 feet and North-South 16 feet in Sy.No.19211 (old Sy. No.274/2) of Gottipalli Revenue Village in Ward No. 18, Block No. 23, Old Bus Stand area, Narasannapeta Gram Panchayat Mandal of Srikakulam Dt. as illegal, arbitrary, devoid of jurisdiction and violative of principles of natural justice, and pass IA NO: 1 OF 2020 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 restrain the Respondents 2 to 6 from illegal demolition and dispossession of the property purchased by the ft petitioner under Registered Sale Deed dated 27-03-2015 (Ex.131) Tin sheet roofed vacant site measuring North-South 22 feet on the eastern side 22 feet, at the middle 18 feet and at the western end 5 feet and East-West 25 feet, wherein Tin sheet roofed house measuring East- West 15 feet and North-South 22 feet now converted into shop and running “Ramu Plywood and Hardware Shop" in D.No.23-280, Assessment No. 4997/2014-15 in Sy.No.215-1 of Gottipalli Revenue Village, Ward No. 16, Bloch No. 23 of Narasannapeta Panchayat and Mandal of Srikakulam Dt. and 3 the property purchased by the 2nd writ petitioner under Registered Sale Deed dated 03-03-2004 (Fs. P2) for an extent of 107 square yards site measuring East-West 60 feet and North-South 16 feet thereafter constructed Tin sheet roofed Godown measuring East-West 60 feet and North-South 16 feet in Sy. No. 192/1 (old Sy. No. 274/2) of Gottipati revenue Village in Ward No.18, Block No, 23, Old Bus Stand area, Narasannapeta Gram Panchayat and Mandal of Srihahulam Dt., disturbing or in any manner interfering with the peaceful possession and enjoyment of the writ petitioners aforesaid property pending disposal of the writ petition, in the interest of justice and pass Counsel for the Petitioner(S): 1. P V RAGHU RAM Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 4 The Court made the following order: The grievance of the petitioners is that respondent Nos.2 to 6 are interfering with the peaceful possession and enjoyment of 1st petitioner’s propertyviz., tin sheet roofed vacant site measuring North-South 22 feet, on the eastern side 22 feet, at the middle 18 feet and at the western end 5 feet, now converted into a shop and being run under the name ‘Ramu Plywood & Hardware Shop’ bearing D.No.23-280, Assessment No.4997/2014-15 in Sy.No.215-1 of Gottipalli Revenue Village, Ward No.16, Block No.23 of Narasannapeta Panchayat of Srikakulam District, which was purchased under a registered sale deed dated 27.03.2015 and 2nd petitioner’s property to an extent of 107 sq yards measuring East-west 60 feet and North-south 16 feet, over which a tin sheet roofed Godown measuring East-West 60 feet and North-south 16 feet situated in Sy.No.192/1 (old Sy.No.274/2) of Gottipalli Revenue Village in Ward No.18, Block No.23, Old Bus stand area, Narasannapet Gram Panachayat of Srikakulam District, which was purchasedunder a registered sale deed dated 03.03.2004. 2. Heard Sri P.V.Raghu Ram, learned counsel for the petitioners, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Y.Koteswararao, learned standing counsel for Gram Panchayat. 3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that the petitioners purchased the subject 5 property under registered sale deeds dated 27.03.2015 and 03.03.2004 and that the petitioners and their vendors have valid right and lawful title over their respective properties. He further submits that respondent No.5 has proposed to construct a park, compound wall and drainage under the scheme of Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) situated along the southern boundary of the 2ndpetitioner’s property, and that the respondents are attempting to interfere with the petitioners’ property and to dispossess them from the said property, without issuing any notice. Aggrieved by the same, the petitioners have filed the present Writ Petition. This Court, by order dated 02.11.2020, directed the authorities to conduct a survey and in the meantime, instructed them not to resort to demolition of any structures placed by the petitioners in the property in dispute. It was observed that the order does not come in the way of survey being conducted at the property in dispute. Hence, prayed to pass orders protecting the interest of the petitioners. 4. On the other hand, learned Assistant Government Pleader for Revenue while placing on record the written instructions of the Tahsildar, Narasannapetvide Rc.No.347/2020 B, dated 24.09.2025, submits that pursuant to the interim order of this Court, a survey was conducted and on ground enquiry, it was found that the encroached portion of the 1st petitioner’s property to an extent of 70 sq yards is situated in survey No.196, which is classified as ‘Government Land-Road’ and not in the survey No.215-1 of Gottipalli revenue village, similarly the encroached portion of 2nd petitioner is 6 situated in survey No.187, which is classified as ‘Government Land-Rathikarra Cheruvu’ and not in the survey No.192/1 of Gottipalli Revenue Village, Narsannapeta Mandal. He further submits that the petitioners have intentionally created fake documents by mentioning incorrect survey numbers with a view to encroach the Government land situated in survey Nos.196 & 187 of Gottipalli Revenue village, where they have presently constructed tin sheet roofed structures under the name of ‘Ramu Ply wood shop and Godown’. Hence, the respondent authorities have every right to take appropriate action against the constructions raised by the petitioners and no indulgence need be shown to them. The Writ Petition is devoid of merits and is liable to be dismissed. 5. Learned Standing Counsel for the Gram Panchayat submitted that, in fact, the Panchayat had issued several notices to the petitioners, however, the petitioners failed to act upon the said notices. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. The petitioners claim ownership of the subject property by virtue of registered sale deeds. The contention advanced by the respondents basing on the written instructions placed by the Tahsildar that the petitioners have encroached some portions of Government land situated in survey No.187- Rathikarra Cheruvu and survey No.196-Road Poramboke with fake documents. The survey number claiming by the petitioners and the survey 7 number mentioned by the respondents are different altogether. Even if the structures have been erected on Government land unauthorizedly, the respondent authorities cannot summarily dispossess the petitioners from the encroached property in a high-handed manner.It is a well-established principle of law that even encroachers are entitled to prior notice before any action is taken against them. 8. Taking the submissions of leaned counsel for the parties into consideration, since the respondent authorities have disputed the property, this Court, without going into the merits of the case, is inclined to dispose of the Writ Petition by passing the following order: The respondent authorities are directed not to interfere with the petitioners’ property, whether it is in Survey Nos.214-1 and 192/1 (old sy.No.274/2) of Gottipalli Revenue village or Survey Nos.187 and 192/1 of Gottipalli Revenue village, 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 thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 31.10.2025 MP 8 291 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.20168 OF 2020 31.10.2025 MP 9 10