APHC010338662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16938/2025 Between: 1. BESI VEERA RAJU, S/O. APPALASWAMY, AGED 64 YEARS R/O. D.NO.3-6-67, BOJJANAKONDA, GAJUWAKA, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, VELAGAPURI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM 3. TAHSILDAR, GAJUWAKA, VISAKHAPATNAM DISTRICT. 4. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM. ...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 tomay be pleased to issue any Writ, Order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in resorting to disposes the petitioner from his housesite covered by assigned patta by demolition the structure in it is illegal arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents not to interfere in property ofIa petitioner situated in an extent of 61 Sq. yards in Sy.No. 85. bojjanakonda village, 2 Gajuwaka Mandal, Visakhapatnam covered by patta proceedings in Rc.No. 523/98, dt. 19-12-1998 and to 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 disposes the petitioner from his house site situated in an extent of 61 Sq. yards in Sy No. 85 of bojjana konda village, Gajuwaka Mandal, Visakhapatnam covered by patta proceedings in Rc.No. 523/98, dt.19-12- 1998 pending disposal of Writ Petition. Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16938/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in resorting to disposes the petitioner from his house site covered by assigned patta by demolition the structure in it is illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents not to interfere in property of petitioner situated in an extent of 61 Sq. yards in Sy.No.85, Bojjanakonda Village, Gajuwaka Mandal, Visakhapatnam covered by patta proceedings in Rc.No.523/98, dated 19.12.1998 and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that pursuant to G.O.Ms.No.508 dated 20.10.1998 the land admeasuring to an extent of 61 sq. Yards in Sy.No.85 of Bijjanakonda Village, Gajuwaka Manal, Visakhapatnam was assigned in favour of the petitioner by the 3rd respondent vide regularization proceedings dated 19.12.1998. Pursuant to the said regularization/assignment, the petitioner has been in possession and enjoyment of the subject house property. Now, respondent Nos.3 and 4 are interfering with 4 the possession and enjoyment of the subject property of the petitioner. Hence, the present Writ Petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 08.07.2025 issued by the 3rd respondent, wherein it is stated as follows: “The writ petitioners has constructed the house in Sy.No.85/1 by virtue of assignment proceedings issued by the then Tahsildar, Gajuwaka vide Progs.Rc.NO.523/98, dated 19.12.1998 under GO.Ms.No.508 Revenue – Assignments III – Department dated 20.10.1998. On filing of complaint on the attempt of encroachment of another Government land by the Writ Petitioner in Sy.No.87, the Revenue Authorities have inspected the subject land and observed that the writ petitioner is trying to construct the temporary structure in Government land in Sy.No.87, which is near to his land. Hence, we have immediately stopped the encroachments at the initial stage and at present the subject land is vacant on ground under the possession of Government. However, this respondent No.3 i.e. Tahsildar Gajuwaka was never tried to dispossess the petitioner house situated in Sy.No.85 of Gajuwaka Village as contended in the affidavit.” 5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions 5 furnished by the learned Government Pleader, it specifically indicates that respondent No.3 is neither interfering nor dispossessing the petitioner from the subject land i.e., an extent of 61 sq. Yards in Sy.No.85 of Bijjanakonda Village, Gajuwaka Manal, Visakhapatnam, which was granted by way of regularization proceedings dated 19.12.1998. On the guise of the house site patta, the petitioner is trying to construct a structure in the other extent of land in Sy.No.87, which is classified as Government land. The respondents are taking steps against the petitioner only in respect of the Government land in Sy.No.87 but not the land in Sy.No.85, which was already regularised. As contended by the learned counsel for the petitioner, the petitioner is claiming rights only in respect of Sy.No.85 but not Sy.No.87 as alleged by the respondents is to be considered. 6. In view of the facts and circumstances as stated above, the Writ Petition is disposed of directing the 3rd respondent not to dispossess the petitioner from the house site admeasuring to an extent of 61 sq. Yards in Sy.No.85 of Bijjanakonda Village, Gajuwaka Manal, Visakhapatnam, without following due process of law. However, the respondent authorities are at liberty to proceed further in accordance with law, if the petitioner is in occupation of any other land in Sy.No.87 as alleged by the repsondents. There shall be no order as to costs. 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 0088..0077..22002255 TTPPSS 7 227 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16938 of 2025 0088..0077..22002255 TTPPSS