IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY THIRD DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1550 OF 2025 Between: 1. Lingampalli Srinivasa Rao, S/o. Raghudeva Rao, Age 58 years, Occ: Daily Worker, R/o.D.No.1-42, Kotturu, Kaikaram Village, Unguturu Mandal, Eluru District. 2. Gorrela Rama Krishna, S/o. Gorrela Simhardri Age 33 years, Occ; Daily Worker, R/o. Kaluvagattu, Kaikaram Village, Unguturu Mandal, Eluru District. 3. Kodavarthi Ramachandra Rao, S/o. Veeranna, Age 75 years, Occ; Barber, R/o.D.No.4-107, Turpu Veedhi, Kaikaram Village, Unguturu Mandal, Eluru District. i 4. Kodavarthi Venkateswara Rao, S/o. Ramachandra Rao Age 43 years, Occ: Barber, R/o.D.No.4-27-1, Alluvari Veedi, Kaikaram Village, Unguturu Mandal, Eluru District. 5. Donthi Yesu, S/o. Siva, Age 25 years, Occ: Water Service centre, R/o.D.No.11-90/1, Kondayyapeta, Kaikaram Village, Unguturu Mandal, Eluru District. 6. Yannamreddi Mani Reddi, S/o. Venkatrao, Age 44 years, Occ; Daily Worker, R/o.D.No.2-94-1, Kalingapeta, Kaikaram Village Unguturu Mandal, Eluru District. 7. Thiriangi Ravi Kumar, S/o. Srinivasa Rao, Age 30 years, Occ; Tea Stall Business, R/o.D.No.2-68/1, Kalinga Peta, Kaikaram Village, Unguturu Mandal, Eluru District. 8. Neelapu Prasad Reddy,S/o. Narasimha Reddy, Age 59 years, Occ; Daily Worker, R/o.D.No.2-24, Kapula Veedi, Kaikaram Village, Unguturu Mandal, Eluru District. 9. Borra Narayana Rao, S/o. Ganeshwara Rao, Age 59 years, Occ: Chicken Butcher, R/o. Kaikaram Village, Unguturu Mandal, Eluru District. 10. Annam Appala Raju, S/o. Late Appalakonda, Age 40 years, Occ: Pan Shop, R/o.D.No.3-125, Thurpu Veedi, Kaikaram Village, Unguturu Mandal, Eluru District. Petitioners And 1. State of Andhra Pradesh, Rep by its Principal Secretary to Government, Panchayat Raj & Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector (Panchayat Wing), Eluru District at Eluru. (Formerly West Godavari District). 3. District Panchayat Officer, Eluru District at Eluru. (Formerly West Godavari District). 4. Kaikaram Grama Panchayat, Rep by its Executive Authority-cum- Panchayat Secretary, Kaikaram Village, Unguturu Mandal, Eluru District, (Formerly West Godavari District). 5. Tahsildar, Unguturu Mandal, Eluru District. (Formerly West Godavari District). 6. Assistant Engineer, Major Irrigation Department, Tadepalligudem, West Godavari District. 7. Institution of Lokayukta of Andhra Pradesh, Rep.by its Registrar, Door No 96/3-72-124-1, Prasad's Complex, Santosh Nagar Colony, Kurnool, Andhra Pradesh. 8. K Salynarayana Reddy, S/o, Venkat Reddy R/O. Vijayawada, NTR District Erstwhile Krishna District. Respondents 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 declaring the Proceedings in R.O.C.No.9/2025, dated 03.01.2025 issued by 4**^ respondent, thereby directing the petitioners to vacate from their respective thatched houses and site properties situated in R.S. Nos.457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District (Formerly West Godavari District), without providing alternatively houses and sites under any of the housing schemes to poor being implemented by respondents, as illegal, irregular, irrational, without any authority or sanction of law and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents not to interfere in any manner with possession and enjoyment of petitioners over their said house and site properties. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of Proceedings in R.O.C.No.9/2025, dt. 03.01.2025 issued by 4 th respondent and consequently direct the respondents not to interfere in any manner with petitioners’ houses and site properties situated in R.S. Nos.457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District, pending disposal of the main Writ Petition. Counsel for the Petitioners : M/s. NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 3 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent No.5 : GP FOR REVENUE "rr 0 Counsel for the Respondent No.6 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.7 & 8 : NONE APPEARED The Court made the following: ORDER APHC010030352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1550/2025 Between; Lingampalli Srinivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.GP FOR IRRI AND CAD 2 «• The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- ..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in R.O.C.No.9/2025, dated 03.01.2025 issued by 4' respondent, thereby directing the petitioners to vacate from their respective thatched houses and site properties situated in R.S.Nos.457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District (Formerly West Godavari District), without providing alternatively houses and sites under any of the housing schemes to poor being implemented by respondents, as illegal, irregular, irrational, without any authority or sanction of law and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with possession and enjoyment of petitioners over their said house and site properties and pass such other order orders...” or 2. Fleard learned counsel for the petitioners and learned counsel for the respondents. 3. Both the learned counsel for petitioners as well as the learned counsel for the respondents submits that the subject matter of this Writ Petition is squarely covered by the order dated 28.12.2024 passed by this Court in W.P.No.30888 of 2024. In view of the same, for the reasons alike in the aforesaid order, this Court is inclined to dispose of the writ petition in terms of W.P.No.30888 of 2024, dated 28.12.2024. 4. 3 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 6. Registry is directed to attach a copy of the order dated 28.12.2024 passed in W.P.No.30888 of 2024 to this order. As a sequel thereto, miscellaneous Petitions pending, if any shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR SEer^^TOFFICER //TRUE COPY// I ft To, 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Panchayat Raj and Rural Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector (Panchayat Wing), Eluru District at Eluru (Formerly West Godavari District). 3. The District Panchayat Officer, Eluru District at Eluru Godavari District). 4. The Executive Authority-cum- Panchayat Secretary,Kaikaram Grama Panchayat, Kaikaram Village, Unguturu Mandal, Eluru District (Formerly West Godavari District). 5. The Tahsildar, Unguturu Mandal, Eluru District. (Formerly West Godavari District). 6. Assistant Engineer, Major Irrigation Department Tadepalligudem Godavari District, of Lokayukta of Andhra Pradesh, Door No Andhra Pradesh Complex, Santosh Nagar Colony, Kurnool 8. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] (Formerly West West r 9. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 11 .Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12.Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh. [OUT] 13. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) H.Three C.D. Copies. (Along with copy of the order dated.28.12.2024 in W.P. No.30888 of 2024 enclosed herewith)* Cnr HIGH COURT DATED:23/01/2025 * 2 8 JAN 2025 S O Co ORDER ^ . Currant Section WP.No.1550 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS w APHC010593742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30888/2024 Between: Nakkiri Peddiraju and others ...PETITIONER(S) AND State of Andhra Pradesh and others Counsel for the Petitioner(S): 1.NIMMAGADDA REVATHI Counsel for the Respondent{S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.GP FOR IRRIGATION COMM AREA DEV ...RESPONDENT(S) The Court made the following order: 2 ^ THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.30888 of 2024 y ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ, order or direction more particulariy one in the nature of WRiT OF MANDAMUS declaring the Order in the form of Notice in Roc.No.- /2024, Dt.21.12.2024 issued by 4 respondent thereby directing demolition and eviction of petitioners from their respective houses and site properties situated in R.S.Nos.172, 173, 187 and 188 of Chebrolu Revenue Village in Unguturu Mandal of Eluru District as illegal, irregular, irrational, without any authority of law, violative of principles of natural Justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners’ said respective house and site properties...” On examining the impugned notice dated 21.12.2024 that it reveals that the 4*'^ respondent/panchayat secretary instructed the petitioners to remove the erections voluntarily made on the encroached property and to notify the same to the gram panchayat failing to do so the panchayat will remove the erections, collect the associated costs, and declared that no talks will be entertained in this regard. The said notice is assailed in the writ petition. fh 2. 3. In the previous round of litigation this Court vide order dated 15.12.2024 in W.P.No:40959 of 2024 directed the respondents not to dispossess the petitioners from the subject property without following the due process of law and without passing final orders on the reply/explanation submitted by the petitioners. r 3 Learned counsel for the petitioners would submit that the petitioners herein have submitted the explanation as directed by this Court in response to the show cause notice issued by the respondents however the respondents have not communicated any order as ordered by this court. In addition the respondents issued impugned notice dated 21.12.2024 to remove the erections without serving the final order, which is in violation of principles of natural justice, hence prayed to protect the interest of the petitioners. 4. 5. Learned counsel for the respondents have fairly stated that they have not served the final order to the petitioners and stated that if additional time is granted the final order will be served on petitioners. 6. In view of the above said circumstances, this Court is inclined to direct the respondents to serve a copy of the final order, dated 07.03.2023 to the petitioners herein. Till such time, the respondents are directed not to take any coercive steps against the petitioners. The petitioners are at liberty to assail the said order, dated 07.03.2023 in accordance with law. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 7. As a sequel, miscellaneous petitions pending, if any, shall stand closed. JUSTICE TARLADA RAJASEKHAR RAO Date : 28.12.2024 SPP