APHC010708742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36310/2025 Between: 1. ANDIBOINA LAKSHMI, W/O ANDIBOINA APPARAO AGED ABOUT 45 YEARS RESIDING AT 24-38-23, VUDA COLONY VINAYAK NAGAR.GAJUWAKA PEDAGANTYADA.VISAKHAPATNAM ANDHRA PRADESH-530044 ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT,SECRETARIAT BUILDING VELAGAPUDI,AMARAVATHI,ANDHRAPRADESH.522239. 2. THE DISTRICT COLLECTOR, VISAKHAPTNAM, VISAKHAPATNAM DISTRICT.530001. 3. THE SPECIAL DEPUTY COLLECTOR, STEEL PLANT (LA) VISAKHAPATNAM.530001. 4. THE GREATER VISAKHAPATNAM MUNCIPAL CORPORATION, VISAKHAPATNAM REPRESENTED BY ITS COMMISSIONER.530001. 5. THE GREATER VISAKHAPATNAM MUNCIPAL CORPORATION COMMISSIONER, ZONE VI GAJUWAKA, PEDAGANTYADA VISAKHAPATNAM DISTRICT.530044 6. MANDAL REVENUE OFFICER, PEDAGANTYADA 2 VS,J W.P.No.36310 of 2025 VISAKHAPATNAM. VISAKHAPATNAM DISTRICT.530026. 7. THE TOWN PLANNING OFFICER, GREATER VISAKHAPATNAM MUNCIPAL CORPORATION VISAKHAPATNAM DISTRICT.530044. 8. THE TAHASILDAR, PEDAGANTYADA MANDAL VISAKHAPATNAM DISTRICT.530044. ...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 OF MANDAMUS or any other appropriate Writ or order or other direction to DECLARE the action of the Respondents No. 3 and 7 in contemplating to dispossess the petitioner and demolish the tiled house constructed in an extent of 107 Sq. Yards situated in Plot No. 664- A, R. No. 441 situated at Pedagantyada, Gajuwaka, Visakhapatnam, Visakhapatnam District without giving any notice / opportunity, as illegal, arbitrary, violative of principles of natural justice and contrary to the procedure established by law as also violative of Articles 14, 21 and 300-A of Constitution of India and consequently command the Respondents not to interfere with my peaceful possession and enjoyment of the subject property, in any manner, 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 pleased to DIRECT the Respondents not to interfere with my peaceful possession and enjoyment of my dwelling house situated in an extent of 107 Sq. Yards situated in Plot No. 664-A, R. No. 441 situated at Pedagantyada, Gajuwaka, Visakhapatnam, Visakhapatnam District without following the procedure in the interest of justice pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. ANDIBOINA NAVYA SREE Counsel for the Respondent(S): 3 VS,J W.P.No.36310 of 2025 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION The Court made the following: 4 VS,J W.P.No.36310 of 2025 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 OF MANDAMUS or any other appropriate Writ or order or other direction to DECLARE the action of the Respondents No. 3 and 7 in contemplating to dispossess the petitioner and demolish the tiled house constructed in an extent of 107 Sq. Yards situated in Plot No. 664- A, R. No. 441 situated at Pedagantyada, Gajuwaka, Visakhapatnam, Visakhapatnam District without giving any notice / opportunity, as illegal, arbitrary, violative of principles of natural justice and contrary to the procedure established by law as also violative of Articles 14, 21 and 300- A of Constitution of India and consequently command the Respondents not to interfere with my peaceful possession and enjoyment of the subject property, in any manner, in the interest of justice and pass….” 2. The petitioner herein is the absolute owner and possessor of the land admeasuring 107 square yards in plot No.664-A, R.No.441 situated at Pedagantyada, Gajuwaka, Visakhapatnam having acquired the same from her mother by way of a gift settlement deed. The subject land was acquired by the petitioner’s mother vide Rehabilitation Proceedings in D.Dis.No.262/S.O/B, dated 20.04.1998. 3. While the matter stood thus, on 23.12.2025, the respondent authorities visited the subject property and insisted the tenants living therein to vacate the premises without issuing any prior notice or by following the due procedure of law contemplated under law. Aggrieved by the said action of the respondents, the present writ petition is filed. 5 VS,J W.P.No.36310 of 2025 4. Heard M/s. A. Navya Sree, learned counsel for the petitioner and Sri. A.S.C. Bose, learned Standing Counsel for the respondents. 5. Today when the writ petition came up for hearing, learned Standing Counsel has furnished a copy of instructions of the 4th respondent dated 26.12.2025 wherein it is stated that upon receipt of several complaints from one Andiboina Appa Rao against the encroachment of drainage and government land in plot No.664A, the 4th respondent, vide letters dated 03.06.2022, 18.12.2023 and 05.10.2024 requested the 3rd respondent to demarcate the land in plot No.664A. Pursuant to the same, the 3rd respondent, vide letter dated 04.09.2025, informed the 4th respondent that plot No.664A was not allotted to any individual and that the said plot was encroached by one Saripalli Sanyasayya, who subsequently executed a gift deed in favour of the petitioner and further instructed the 6th respondent to initiate eviction proceedings against the petitioner. It is further stated that the respondent authorities have only initiated steps for addressing the grievance regarding the encroachment and that no steps were initiated for dispossessing the petitioner from the subject property. If at all the respondents intend to initiate action against the petitioner, they would follow due process of law. 6. It appears that basing on various complaints made by one Andiboina Appa Rao stating that the land in plot No.664A was encroached, the 6 VS,J W.P.No.36310 of 2025 respondent authorities have only initiated steps to address the grievance of the Andiboina Appa Rao by demarcating the land situated in plot No.664A. However, it can also be seen that the respondent authorities themselves have admitted that if at all they intend to take further action against the petitioner, they would follow due process of law. In view of the same, this Court, instead of going into the merits of the case, feels it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the peaceful possession of the petitioner over the subject property, without following due process of law. 7. In the result, this writ petition is disposed of and the respondent authorities are directed not to interfere with the possession of the petitioner over property to an extent of 107 square yards situated in plot No.664-A, R.No.441 situated at Pedagantyada, Gajuwaka, Visakhapatnam, without following due process of law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 26.12.2025 Gss