APHC010427882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21868/2025 Between: 1. D PARASAVENI, W/O.D. JAYARAMAIAH, AGE 57. YEARS, OCC COOLI R/O. D.NO.7-290 JAYASANKAR COLONY, TIRUMALANAGAR VILLAGE, TIRUPATI (URBAN), TIRUPATI DISTRICT. 2. K.RAVENDRA ACHARII,, S/O.K.KRISHNAMA ACHARI, AGE 55 YEARS, OCC COOLI R/O. D.NO.7-291, JAYASANKAR COLONY, TIRUMALANAGAR VILLAGE, TIRUPATI (URBAN), TIRUPATI DISTRICT. 3. .P.YELLAMMA,, W/O.P.NARAYANA REDDY, AGE 45 YEARS, OCC COOLI R/O. 7-295, JAYASANKAR COLONY, TIRUMALANAGAR VILLAGE, TIRUPATI (URBAN), TIRUPATI DISTRICT. 4. K.PARVATHAMMA,, W/O.K.KONDAIAH, AGE 68 YEARS, OCCCOOLI R/O. 7-293, JAYASANKAR COLONY, TIRUMALANAGAR VILLAGE, TIRUPATI TURBAN), TIRUPATI DISTRICT. 5. 5. P.SUBHRAMANAYAM,, S/O.K.KONDAIAH, AGE48 YEARS, OCC COOLI R/O. 7-294, JAYASANKAR COLONY, TIRUMALANAGAR VILLAGE, TIRUPATI 2 (URBAN), TIRUPATI DISTRICT. 6. G.VAMSI VERMA,, S/O.G.SIVASANKAR RAJU, AGE76 YEARS, OCC COOLI R/O. 7-292, JAYASANKAR COLONY, TIRUMALANAGAR VILLAGE, TIRUPATI (URBAN), TIRUPATI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AT AMARAVATI GUNTUR DISTRICT. 2. THE COLLECTOR, , TIRUPATI, TIRUPATI DISTRICT. 3. REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATI DISTRICT. 4. TAHSILDAR, , TIRUPATI RURAL MANDAL, TIRUPATI, TIRUPATI DISTRICT. 5. TIRUMALANAGAR GRAM PANCHAYAT, TIRUPATI URBAN MANDAL, TIRUPATI, TIRUPATHI 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 topleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in threatening to dispossess the petitioners from their Residential houses admeasuring 0.02 and 1/2 Cents of each Sy.No.195 situated at Jayasankar colony, Tirumalanagar, Village, Tirupati (urban), Tirupati District, without any notice and following of due process of law as illegal, arbitrary, and unconstitutional and consequently direct the respondents not to dispossess the petitioners from their peaceful 3 possession of the Residential houses admeasuring 0.02 and 1/2 cents in Sy. No. 195 situated at Jayasankar colony, Tirumalanagar, Village, Tirupati (urban), Tirupati District, and pass such 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 pleased to direct the respondents not to dispossess the petitioners from their peaceful possession and enjoyment of their Residential houses admeasuring Ac. 0.02 & 1/2 cents of each petitioner in Sy. No. 195 situated at Jayasankar colony, Tirumalanagar, Village, Tirupati (urban), Tirupati District, pending disposal of the Writ petition before this Hon’ble court, and pass Counsel for the Petitioner(S): 1. M HEMALATHA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Aggrieved by the action of the respondents in threatening to dispossess the petitioners from their houses situated on land to an extent of Ac.0.02½ cents in Sy.No.195 of Jayasankar Colony, Tirumalanagar Village, Tiruparti (Urban), Tirupati District, without issuing any notice and without following due process of law, the present writ petition has been filed. 4 2. Heard Ms. Hemalatha, learned counsel for the petitioners, Sri M. Sudheer, learned Standing Counsel for ZPP, MPP and Gram Panchayat and Sri C. Venkata Satyanarayana, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioners, while reiterating the contents of the affidavit, submitted that the respondent authorities highhandedly tried to demolish the existing structures and dispossess the petitioners from the subject property, without following due process of law. she further submitted that this Court has granted an order of status-quo protecting the interest of petitioner, pending the writ petition. As such, prayed to pass appropriate orders. 4. On the other hand, learned Assistant Government Pleader for Revenue basing on the written instructions dated 19.08.2025, furnished by the Tahsildar, Tirupati Urban Mandal, submitted that the petitioners have raised unauthorized construction without obtaining pattadar pass books and without permission. The tax receipts and electricity connection were provided to the petitioners by the panchayat and electricity department, without obtaining permission from the revenue 5 authorities and such unauthorized construction raised by the petitioners is liable to be removed in accordance with law and the present writ petition has been filed with ulterior motive to grab the valuable Government land, without having any valid documents. As such, the writ petition is devoid of merits and is liable to be dismissed. 5. Perused the record and considered the rival submissions made by all the parties. 6. As can be culled out from the facts and submissions, the petitioners are in occupation of the subject property. The written instructions would clearly show that the authorities have an intention to evict the petitioners by following due process of law. As the authorities have an intention to follow due process of law, there is no purpose in keeping the writ petition pending inviting counter and it can be disposed of by passing the following order: “The respondent authorities are directed not to interfere with the petitioners’ houses situated on land to an extent of Ac.0.02½ cents in Sy.No.195 of Jayasankar Colony, 6 Tirumalanagar Village, Tiruparti (Urban), Tirupati District, except under due process of law.” 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications pending, if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.11.2025 ANS 7 196 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21868/2025 Date: 03.11.2025 ANS