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2025 DAILYLAW 41906 (AP)

VELIPULA VENKATARAO v. THE STATE OF AP

WP/29704/2025 · 2025-10-29

Ravi Cheemalapati

body2025

Judgment text

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APHC010574842025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. VELIPULA VENKATARAO, S/O YESOBU, AGED ABOUT 47 YEARS, R/O 3-86, SC COLONY, KANCHIKACHERLA MANDAL, KESARA, KRISHNA DISTRICT. 521185 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE KESARA GRAMA PANCHAYAT, KANCHIKACHERLA MANDAL , NTR DISTRICT. 3. THE TAHSILDAR, KANCHIKACHERLA MANDAL, NTR DISTRICT. Petition under Article 226 of the Cons circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the highhanded act Respondents in trying to interfere with the peaceful possession over the shop of the petitioner situated in Sy No. 35 Kesara village , Kanchikacherla Mandal, NTR District without following due procedure of law as arbitrary, illegal. Violation of Principles of natural justice and violation of Article 14, 21 and 300A of Constitution of India and consequently direct the respondents not to interfere with the peaceful IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29704/2025 VELIPULA VENKATARAO, S/O YESOBU, AGED ABOUT 47 YEARS, 86, SC COLONY, KANCHIKACHERLA MANDAL, KESARA, KRISHNA DISTRICT. 521185 ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT , SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE KESARA GRAMA PANCHAYAT, KANCHIKACHERLA MANDAL , THE TAHSILDAR, KANCHIKACHERLA MANDAL, NTR 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, order or direction more particularly one in the nature of writ of Mandamus to declare the highhanded act Respondents in trying to interfere with the peaceful possession over the shop of the petitioner situated in Sy No. 35- ICIA to the extent of 0.02 Cents of Kesara village , Kanchikacherla Mandal, NTR District without following due of law as arbitrary, illegal. Violation of Principles of natural justice and violation of Article 14, 21 and 300A of Constitution of India and consequently direct the respondents not to interfere with the peaceful IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE THIRTIETH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI VELIPULA VENKATARAO, S/O YESOBU, AGED ABOUT 47 YEARS, 86, SC COLONY, KANCHIKACHERLA MANDAL, KESARA, ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEVELOPMENT DEPARTMENT , THE KESARA GRAMA PANCHAYAT, KANCHIKACHERLA MANDAL , THE TAHSILDAR, KANCHIKACHERLA MANDAL, NTR DISTRICT. ...RESPONDENT(S): titution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the highhanded action of the Respondents in trying to interfere with the peaceful possession over the shop ICIA to the extent of 0.02 Cents of Kesara village , Kanchikacherla Mandal, NTR District without following due of law as arbitrary, illegal. Violation of Principles of natural justice and violation of Article 14, 21 and 300A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession over the shop of the petitioner situated in Sy No. 35-lClA to the extent of 0.02 Cents of Kesara village , Kanchikacherla Mandal , NTR District without following due procedure of law in the interest of justice. 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 interfere with the peaceful possession over the shop of the petitioner situated in Sy No. 35- ICIA to the extent of 0.02 Cents of Kesara village , Kanchikacherla Mandal, NTR District pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. VELADI SAI SRI HARSHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER This writ petition is filed questioning the action of the authorities in trying to interfere with the peaceful possession of the petitioner over the shop situated in an extent of Ac.0-02 cents in Survey No.35-1C1A of Kesara Village, Kanchikacherla Mandal, NTR District, without following due procedure of law. 2. Heard Sri Veladi Sai Sri Harsha, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat. 3. Sri Veladi Sai Sri Harsha, learned counsel, while reiterating the contents of the writ affidavit would contend that the schedule property is the ancestral property of family of the petitioner and ever since execution of settlement deed by his father, he has been in possession and enjoyment of the same and has been running a bakery shop therein, which is abutting a bus stop. He would further contend that the authorities demolished the bus stop and are threatening to demolish the shop of the petitioner and take possession of the site and if the respondents are permitted to materialize their threatens, the petitioner would be thrown to streets and he would deprive of his livelihood. Accordingly, prayed to allow the writ petition. 4. On the other hand, the learned Standing Counsel and the learned Assistant Government Pleader submitted that they would never dispossess the petitioner without following due process. 5. It is fairly settled that no person can be dispossessed of his/her property without following the due process of law. Recording the submission made by learned Standing Counsel and the learned Assistant Government Pleader that the petitioner would not be dispossessed except under due procedure contemplated under law, this writ petition can be disposed of. 6. Accordingly, the writ petition is disposed of, directing the respondents not to dispossess the petition except under process of law. There shall be no order as to costs. Pending miscellaneous petitions shall stand closed. JUSTICE RAVI CHEEMALAPATI Dated 30.10.2025. RR