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2025 DAILYLAW 42802 (AP)

CHUKKA PARVATHI v. THE STATE OF ANDHRA PRADESH

WP/33809/2025 · 2025-12-17

Ravi Cheemalapati

body2025

Judgment text

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APHC010656072025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. CHUKKA PARVATHI, W/O.GANDHI AGE 58 YEARS, OCC. HOUSEHOLD R/O.1-80, APPARAO PETA, GUMMULURU AKIVIDU MANDAL, WEST GODAVARI DISTRICT 2. MEDAVARAPU RANI @ NAGA SWARUPA RANI, W/O.JAGAPATI RAO AGE 74 YEARS, OCC.HOUSEHOLD R/O. 1 GUMMULURU, AKIVIDU MANDAL, WEST GODAVARI DISTRICT 3. MALLAREDDY SARADA, D/O.MEDAVARAPU RAMANA MURTHY AND D/O. MEDAVARAPU RAMASITA AGE 62 YEARS, OCC. HOUSEHOLD R/O.H.NO.6-79, APPARAO PETA, GUMMULURU, AKIVIDU MANDAL, WEST GODAVARI DISTR 4. PRATAPANENI KRISHNA CHAITANYA, D/O.MEDAVARAPU VENKATA SUBBA RAO AGE 39 YEARS, OCC. HOUSEHOLD R/O. 1 APPARAOPETA, GUMMULURU AKIVIDU MANDAL, WEST GODAVARI DISTRICT ...PETITIONER(S) 1. THE STATE OF ANDHRA PRADESH, REP. BY PRL. SECRETAR PANCHAYATRAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM 3. THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33809/2025 CHUKKA PARVATHI, W/O.GANDHI AGE 58 YEARS, OCC. HOUSEHOLD 80, APPARAO PETA, GUMMULURU AKIVIDU MANDAL, WEST GODAVARI DISTRICT MEDAVARAPU RANI @ NAGA SWARUPA RANI, W/O.JAGAPATI RAO AGE 74 YEARS, OCC.HOUSEHOLD R/O. 1-65, APPARAO PETA, GUMMULURU, AKIVIDU MANDAL, WEST GODAVARI DISTRICT MALLAREDDY SARADA, D/O.MEDAVARAPU RAMANA MURTHY AND D/O. MEDAVARAPU RAMASITA AGE 62 YEARS, OCC. HOUSEHOLD 79, APPARAO PETA, GUMMULURU, AKIVIDU MANDAL, WEST GODAVARI DISTRICT PRATAPANENI KRISHNA CHAITANYA, D/O.MEDAVARAPU VENKATA SUBBA RAO AGE 39 YEARS, OCC. HOUSEHOLD R/O. 1 APPARAOPETA, GUMMULURU AKIVIDU MANDAL, WEST GODAVARI AND THE STATE OF ANDHRA PRADESH, REP. BY PRL. SECRETAR PANCHAYATRAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM, WEST GODAVARI RC,J W.P.No.33809 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE EIGHTEENTH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CHUKKA PARVATHI, W/O.GANDHI AGE 58 YEARS, OCC. HOUSEHOLD 80, APPARAO PETA, GUMMULURU AKIVIDU MANDAL, WEST MEDAVARAPU RANI @ NAGA SWARUPA RANI, W/O.JAGAPATI RAO APPARAO PETA, GUMMULURU, AKIVIDU MANDAL, WEST GODAVARI DISTRICT MALLAREDDY SARADA, D/O.MEDAVARAPU RAMANA MURTHY AND D/O. MEDAVARAPU RAMASITA AGE 62 YEARS, OCC. HOUSEHOLD 79, APPARAO PETA, GUMMULURU, AKIVIDU MANDAL, PRATAPANENI KRISHNA CHAITANYA, D/O.MEDAVARAPU VENKATA SUBBA RAO AGE 39 YEARS, OCC. HOUSEHOLD R/O. 1-71, APPARAOPETA, GUMMULURU AKIVIDU MANDAL, WEST GODAVARI THE STATE OF ANDHRA PRADESH, REP. BY PRL. SECRETARY PANCHAYATRAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM, WEST GODAVARI RC,J W.P.No.33809 of 2025 2 4. THE TAHSILDAR, AKIVIDU MANDAL WEST GODAVARI DISTYRICT 5. THE PANCHAYAT SECRETARY, APPARAOPETA GRAM PANCHAYAT APPARAOPETA VILLAGE, AKIVIDU MANDAL WEST 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 pass an order or writ or direction, more preferably one in the nature of a writ of mandamus declaring the action of the respondents especially respondent no.2 to 5 in demolishing dwelling houses of petitioners in Sy.No.l78 and 180 of Apparaopeta Village, Akividu Maandal, West Godavari District without due process of law even without notiee as illegal, arbitrary, unconstitutional, violative of principles of natural justice, contrary to the provisions of the Right to fair Compensation and transparency in Land acquisition. Rehabilitationand ResettlementAct, 2013 and violative of Articles 14, 21 and 300- A of the constitution of India consequently direct the respondents not to demolish the dwelling houses of the petitioners in Sy.No.l78 and 180 of Apparaopeta Village, Akividu Mandal, West Godavari District in the house site pattas granted by the respondents without following due procedure of law 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 to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners’ dwelling house properties including removal of existing structures or houses in Sy.No.l78 and 180 of Apparaopeta Village, Akividu Maandal, West Godavari District without following due process of law pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. N N SOMENDRA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV RC,J W.P.No.33809 of 2025 3 ORDER This writ petition has been filed questioning the action of respondent nos. 2 to 5 in demolishing dwelling houses of the petitioners in Survey Nos.178 and 180 of Apparaopeta Village, Akividu Mandal, West Godavari District, without notice and in violation of principles of natural justice. 2. Sri Y.Koteswara Rao, learned Standing counsel, by placing on record the written instructions dated 03.12.2025 of the Panchayat Secretary, Apparaopet Gram Panchayat, Akiveedu Mandal, submitted that the authorities have surveyed the subject site and found that there were encroachments in Survey Nos.178 and 180 of Apparaopet Village and the authorities would take steps in accordance with the procedure envisaged in G.O.Ms.No.188, Panchayat Raj & Rural Development (Pts.IV) Department, dated 21.07.2011. 3. The grievance of the petitioners is that the authorities are attempting to demolish their dwelling houses without notice. Since the authorities undertook to follow the procedure as envisaged in G.O.Ms.No.188, dated 21.07.2011, this writ petition can be disposed of. 4. Accordingly, this writ petition is disposed of, directing the authorities not to take steps against the dwelling houses of the petitioners, except under due procedure contemplated under law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI DATED 18th December, 2025. RR