APHC010418102021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SUNDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25719/2021 Between: 1. YANAMADALA VENKATESWARA RAO,, S/O. SATYANARAYANA, AGED ABOUT 51 YEARS, OCC ELECTRICAL WORKS, 2. DOMMETI SRINIVASA RAO,, DOMMETI SRINIVASA RAO, S/O. SURYANARAYANA, AGED ABOUT 45 YEARS, OCC WELDING WORKS, 3. GUBBALA VARA PRASAD,, S/O VENKATESWARA RAO, AGED ABOUT 40 YEARS, OCC RADIATOR WORKS, 4. JALLI VENKATESWARA RAO,, S/O.KRISHNA MURTHY, AGED ABOUT 45 YEARS, OCC WELDING WORKS, 5. NEDUNURI RAJARAO,, S/O. NARASIMHA MURTHY, AGED ABOUT 42 YEARS, OCC CARPENTER WORKS, 6. NEDUNURI SUNDARRAO, S/O. NARASIMHA VLURTHY, AGED ABOUT 40 YEARS, OCC CARPENTER WORKS, 7. KUDUPUDI VENKATA NAGA RAJU,, S/O. VENKAT RAO, AGED ABOUT 45 YEARS, OCC WELDING WORKS, 8. GUBBALA BALARAJU,, S/O. LAKSHMANA SWAMI, AGED ABOUT 70 YEARS, OCC WELDING AND LATHE MACHINE WORKS, 9. MOPURI JANAKI RAMA RAO,, S/O. SURYARAO, AGED ABOUT 50 YEARS, OCC SMALL SHOCLA SHOP, 10. YEDIDA NAGESWARA RAO,, S/O. LAKSHMIIIARAYANA LATE, AGED ABOUT 40 YEARS, OCC SUGARCANE JUICE SHOP, 2 VS,J W.P.No.25719 of 2021 11. KOTA NAGA RUSHI,, S/O.VENKATA RAO, AGED ABOUT 40 YEARS, OCC SALOON SHOP, 12. DEGALA RAJU,, S/O.KANNAYYA, AGED ABOUT 40 YEARS, OCC MOTOR MECHANIC SHOP, 13. MOPURI VENKATESWARARAO, , S/O. JANAKIRAMA RAO, AGED ABOUT 40 YEARS, OCC WELDING WORKS SHOP, 14. MUSHINI ALIBABA,, S/O.NAGABHUSHANAM, AGED ABOUT 45 YEARS, OCC WINDING WORKS, 15. DEGALA SUBRAHMANYAM,, S/O. KANNAYYA, AGED ABOUT 42 YEARS, OCC SMALL COFFEE HOTEL, 16. KADALI SATYANARAYANA, S/O. PENDLI KODUKU, AGED ABOUT 55 YEARS, OCC. WELDING WORKS, 17. MATTAPARTHI VEERA VENKATA SATYANARAYANA,, S/O. MURUGUIAMMA, AGED ABOUT 40 YEARS, OCC CAR MECHANIC, 18. CH. NARASIMHA SWAMY, S/O. SUBBARAYUDU, AGED ABOUT 43 YEARS, OCC GAS WELDING WORKS, 19. KANURI KONDALA RAO, , S/O. VENKATA RATNAM, AGED ABOUT 70 YEARS, OCC TRACTOR REPAIR CENTRE, 20. SUNDARANEEDI VENKATA SATYANARAYANA,, S/O. RAMA SURYA NARAYANA, AGED ABOUT 40 YEARS, OCC TRACTOR MECHANIC SHOP, 21. CHIKKAM SITARAMAYYA, , S/O. VISHNU MURTHY, AGED ABOUT 57 YEARS, OCC TRACTOR MECHANIC/REPAIRING SHOP, 22. VELIGATTLA RAMA LAKSHNA, S/O. BABURAO, AGED ABOUT 6 YEARS, OCC SUGARCANE JUICE SHOP, 23. KALE ADI PATTABHI RAMAYYA, S/O. BHANOJIRAO, AGED ABOUT 45 YEARS, OCC GAS WELDING WORK SHOP, 24. KOLA KOTESWARA RAO,, S/O. LAKSHMANA SWAMY, AGED ABOUT 70' YEARS, OCC LATHE MECHANIC WORKS, 25. KANDRUGULA RAMA KRISHNA,, S/O.LAKSHMANA RAO, AGED ABOUT 40 YEARS, OCC WELDING WORKS, 3 VS,J W.P.No.25719 of 2021 26. MATTAPARTHI VENKATA RAMANA,, S/O. VENKATA SWAMY, AGED ABOUT 40 YEARS, OCC TRACTOR MECHANIC, 27. DUMMETI NAGABABU,, S/O. RAMA KRISHNA, AGED ABOUT 40 YEARS, OCC WELDING WORKS, 28. DOMMETI RAMA KRISHNA,, S/O. SRIRAMULU, AGED ABOUT 70 YEARS, OCC WELDING WORKS SHOP, 29. VASAMSETTY SURIBABU,, S/O, GADDIYYA, AGED ABOUT 45 YEARS, OCC SMALL IRON SCRAP SHOP, 30. KUDUPUDI JAGANNADHA RAO,, S/O. SATYANARAYANA AGED ABOUT 40 YEARS, OCC FABRICATION WORK SHOP, 31. SEELAM VEERA VENKATA SATYANARAYANA,, S/O. BULLI VERRIYA, AGED ABOUT 58 YEARS, OCC TRACTOR MEACHNIC, 32. YAARLAGADDA DURGA PRASAD,, S/O. CHANDRA RAO, AGED ABOUT 39 YEARS, OCC SMALL AGRICULTURAL TOOLS SHOP, 33. DANGETI SRI RAJESH,, S/O. VENKATESWARA RAO, AGED ABOUT 42 YEARS, OCC WELDING WORKS, 34. DUMMETI RAMACHANDRA RAO,, S/O.SATTIRAJU, AAED ABOUT 75 YEARS. OCC ELECTRICIAN. 35. MUSHINI VENKATARAMANA,, S/O.NARASIMHAM, AGED ABOUT 51. YEARS, OCC MECHANIC SHOP, 36. SALADI SRIRAMULU,, S/O.SATYANARAYARNRNA, AGED ABOUT 40 YEARS, OCC SERVICING, 37. VASAMSETTI VENKATA RAO, S/O. SATHIRAJU, AGED ABOUT 75 YEARS, OCC TEA SHOP, 38. VASAMSETTY SATYANARAYANA, S/O VENKATA RAO, AGED ABOUT 35 YEARS, OCC WIRING WORKS, 39. KOSURI GANESH,, S/O.NAGESHWARA RAO, AGED ABOUT 30 YEARS, OCC MECHANIC, 40. GANIYADA SRINIVASA RAO, S/O. SATYANARAYANA, AGED ABOUT 40 YEARS, OCC SALOON SHOP, 4 VS,J W.P.No.25719 of 2021 41. KURASALA BALAYYA,, S/O.VENKATRAO, AGED ABOUT 50 YEARS, OCCTRACTOR MECHANIC SHOP, 42. ANGADI VENKATARAO,, S/O RAMA MURTHY, AGED ABOUT 51 YEARS, OCC GAS WELD NG WORK SHOP, 43. MADIREDDY VENKAT RAO, S/O. NAGESWARA RAO, AGED ABOUT 45 YEARS, OCC REPAIRING WORK 44. DUMMETI SRIRAMULU,, S/O. NARAYANA, AGED ABOUT 70 YEARS, OCC LATHE MACHINE WORKS, 45. APPARI RAMESH DURGA CHANDRA RAO,, S/O. RADHA KRISHNA, AGED ABOUT 40 YEARS, OCC AUTO MECHANIC WORKS, 46. CHINTA BABJI,, S/O.VEERA SWAMY, AGED ABOUT 39 YEARS, OCC GAS WELDING WORK SHOP WORKS, 47. KAMADI RAMA KRISHNA,, S/O.NARAYANA MURTHY, AGED ABOUT 70 YEARS, OCC GAS REPAIRING WORKS, 48. PABBINEEDI VENKATA RAMANA,, S/O. ARNMIRAJU, AGED ABOUT 75 YEARS, OCC TRACTOR REPAIRING WORKS, 49. AYALLA SATAYANARAYANA, S/O.YERRIYYA, AGED ABOUT 53 YEARS, OCC TRACTOR MECHANIC, (ALL THE PETITIONERS' SHOPS ESTABLISHED KURNMARI KALUVA STREET, SEETHAPATHIRAO PETA, AMALAPURAM MANDAL, EAST GODAVARI DISTRICT). ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA. 3. THE SUBCOLLECTOR, AMALAPURAM REVENUE DIVISION, EAST GODAVARI DISTRICT, 4. THE TAHSILDAR, MANDAL REVENUE OFFICE, AMALAPURAM, 5 VS,J W.P.No.25719 of 2021 EAST GODAVARI DISTRICT, 5. THE AMALAPURAM MUNICIPALITY, REP. BY ITS COMMISSIONER, AMALAPURAM TOWN, EAST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, (DRAINAGE SECTION), AMALAPURAM, EAST GODAVARI DISTRICT. 7. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DIVISION, (DRAINAGE SECTION), AMALAPURAM, 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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring action on part of the respondents herein particularly the 4th respondent Tahsildar, threatening the petitioners and trying to dispossess and demolish the shops of them, even though pendency of the petitioners' representations dated 10.03.2014 and 04.02.2020 since several years for allotting alternative Government land/shops for running the business to each petitioner on free of cost in the same Government land or any suitable land in the Amalapuram Municipality area for running the existing shops for them and their families livelihood under the poor weaker sections/below poverty category as illegal, arbitrary and violation of Articles 14, 16 and 21 of Constitution of India apart from the principles of natural justice and consequentially to direct the respondents to not to dispossess/demolish the petitioners' shops till allotting alternative land/shops to each petitioner at suitable area of Amalapuram, East Godavari District under the poor weaker sections/below poverty categories and to pass IA NO: 1 OF 2021 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 not to dispossess/demolish the petitioners' shops till allotting alternative land/shops to each petitioner at suitable area of Amalapuram, East Godavari District under the poor weaker sections/below poverty categories pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 6 VS,J W.P.No.25719 of 2021 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR REVENUE 3. Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities 4. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 7 VS,J W.P.No.25719 of 2021 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring action on part of the respondents herein particularly the 4th respondent Tahsildar, threatening the petitioners and trying to dispossess and demolish the shops of them, even though pendency of the petitioners' representations dated 10.03.2014 and 04.02.2020 since several years for allotting alternative Government land/shops for running the business to each petitioner on free of cost in the same Government land or any suitable land in the Amalapuram Municipality area for running the existing shops for them and their families livelihood under the poor weaker sections/below poverty category as illegal, arbitrary and violation of Articles 14, 16 and 21 of Constitution of India apart from the principles of natural justice and consequentially to direct the respondents to not to dispossess/demolish the petitioners' shops till allotting alternative land/shops to each petitioner at suitable area of Amalapuram, East Godavari District under the poor weaker sections/below poverty categories…..” 2. The petitioners have been occupying the Government (Irrigation) land by establishing small shops for their self-employment, after duly obtaining electricity connections and paying applicable taxes whatever without any obstructions from anybody to the Municipality, Amalapuram. On 08.03.2014, the Assistant Executive Engineer, Irrigation Department vide notice No.44AEE/Amalapuram, dated 08-03-2014, informed the petitioners that, as 8 VS,J W.P.No.25719 of 2021 per the orders of the Hon’ble Supreme Court, the major drain of Kummari Kaluva was being modernized, and as work has also been sanctioned and commenced, the authorities intended to evict the petitioners from their shops within one week. 3. At that juncture, the petitioners submitted representations to the concerned authorities on 10.03.2014 and 04.02.2020, requesting the authorities not to evict them from the said land, as they have been residing there since 40 years by way of constructing small shops. As the respondents were trying to evict the petitioners without even passing orders on the representations made by them in the year 2014 as well as 2020, the petitioners are constrained to file the present Writ Petition. 4. When the Writ Petition came up for admission on 19.11.2021, this Court passed the following Interim Order: “…..there shall be a direction to the respondents not to evict the petitioners except in accordance with law.” 5. In view of the fact that the petitioners have been in long possession of the said Irrigation lands and that they have also submitted representations on 10.03.2014 and 04.02.2020 requesting the authorities not to evict them or else to allot an alternative land to an extent of 15 Sq.Yards each to the petitioners on free of cost and also considering that the petitioners have been in possession of the subject land in pursuance of the Interim Order granted by this Court on 19-11-2021, this Court feels it appropriate to dispose of the writ 9 VS,J W.P.No.25719 of 2021 petition, by directing the respondents not to interfere with the petitioners’ peaceful possession over the subject lands without passing orders on the representations dated 10.03.2014 and 04.02.2020 by the 2nd respondent. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed ___________________ JUSTICE V.SUJATHA Dated: 17.11.2025 KGR