Extracted from the PDF above. The PDF is authoritative.
I IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR/ (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NQ: 10355 OF 9n9i; NIMMAGADDA Between: Seera Ramana, s/o Late Pydiyya Nandamuri Nagar, Venkata District. , aged 44 years, R/at D. No. 7-121/18, Puram, Gopalapatnam, Visakhapatnam ...Petitioner AND
1. The State Of Andhra P.radesh Rep. by its Principal Secretary Revenue li, Amaravati. Rep. by its Principal Secretary Home Department, Secretariat Buildings, Velagapudi, Amaravati. 3. The District Collector Department, Secretariat Buildings, Velagapud
2. The State Of Andhra Pradesh, Visakhapatnam District,
4. The Joint Collector, Visakhapatnam District. 5. The Revenue Divisional Officer, Visakhapatnam. 6. The Tahsildar, Gopalapatnam, Visakhapatnam. 7. The City Police Commissioner ) ; Visakhapatnam. 8. The Deputy Superintendent of Police Pre Litigation Counselling Forum Visakhapatnam. 9. The Deputy Commissioner Visakhapatnam. The Assistant Visakhapatnam. The Station House Officer, Gopalapatnam, Visakhapatnam. of Police, Zone II- Gajuwaka
10. Comrhissioner of Police, West Zone
11. Gopalapatnam Police Station,
12. The Sub-Inspector of Police Gopalapatnam, Visakhapatnam. KilaniNarasinga Rao, , ‘ Cheruvugattu, Vinayaka Temple 2 Visakhapatnam District. Gopalapatnam Police Station,
13. S/o Mutyalu, aged 55 Street, Allipuram, Visakhapatnam, years. Near nd
14. Kilanj Anji, S/o KilaniNarasinga Rao, aged 35 years Near Cheruvugattu, Vinayaka Tenrple 2- Street, Allipuranr, Visakhapatnanr, Visakhapatnam District. Kilani Tulasi,
15. S/o Kilani Narasinga Rao, Cheruvugattu, Vinayaka Temple 2nd Street, Visakhapatnam District aged 32 years. Near Allipuram, Visakhapatnam, ...Respondents Petition under Article 226 of the Constitution of India Is filed praying the High that in the circumstances stated in the affidavit filed therewith. Court may be pleased to iissue a Writ, Order or Direction more particularly declaring the high-handed action of herein in demolishing the sheds built in the nature of Writ of Mandamus the Respondent Nos. 3 to 12 one by the from the Petitioner herein and trying premises situated i to dispossess the Petitioner herein in D. No. 7- 30/1/8, Sy. No. 52, Nandamuri Nagar and seizure of the catering utensils Respondent Nos. 13 Venkatapuram, Visakhapatnam at the to 15 herein without of principles Article 21 and consequently, direct the authorities not to interfere with the subject zr
""" “ v«..pui V^akhapa nam and also with the catering business being carried out by the etitioner herein in the subject property.
instance and influence of following the due process of law as illegal, arbitrary, violation of natural Justice and contradictivd to Article 14, Article 19 Article 300-A of the Constitution of India and Respondent Nos. 3
lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 3 to 12 authorities not to interfere with the subject property to an extent of 120 Sq. Yards in Nandamuri Nagar, Venkatapuram, Visakhapatnam and also with the catering business being carried out by the Petitioner herein in the subject property. Counsel for the Petitioner :
SRI AS C BOSE Counsel for the Respondents No.1, 3 to 6: GP FOR REVENUE Counsel for the Respondents No.2, 7 to 12: GP FOR HOME The Court made the following:
1 4 APHC010206872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] / TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10358/2025 Between; Seera Ramana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.ASCBOSE Counsel for the Respondent(S):
1.GP FOR HOME 2.GP FOR REVENUE The Court made the following:
2 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PFTITION NO: 10358/2025 THE
ORDER: is filed under Article 226 of the Constitution of The present Writ Petition India seeking following relief;
“ pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the high-handed action of the Respondent Nos.3 to 12 herein in demolishing the sheds built by the Petitioner herein and trying to dispossess the Petitioner herein from the premises situated in D. No. 7-30/1/8, Sy. No. 52, Nandamuri Nagar, Venkatapuram, VIsakhapatnam and seizure of the catering uiensiis at the instance and influence of Respondent Nos. 13 to 15 herein without following the due process of law as illegal, arbitrary, violation of principles of and contradictive to Article 14, Article 19, Article 21 natural justice Article 300-A of the Constitution of India and consequently. and direct the Respondent Nos. 3 to 12 authorities not to interfere with the subject property to an extent of 120 Sq. Yards in Nandamuri Nagar, Venkatapuram, VIsakhapatnam and also with the catering business being carried out by the Petitioner herein in the subject property and pass counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. Heard learned
2.
3. When the matter is taken up for hearing, iearned counsei for the that, the petitioner entered the possession of vacant iand to petitioner submits an extent of 120 Sq. Yards in Sy.No.52 of Nandamuri Nagar, Venkatapuram
Visakhapatnam from respondent Nos. 13 to 15 on rental lease basis and he has been paying the rent lease amount to the respondent No.15 without defaults. It is further submitted that the respondents are trying to demolish the sheds built by the petitioner in the land bearing D. No.7-30/1/8, Sy.No.52, Nandamuri Nagar, Venkatapuram, Visakhapatnam and also trying to seize the catering utensils. any 1
4.
Learned counsel further submits that, the petitioner along with his partner i.e., Sri Jami Nookaraju, started catering business under the name and In order the run the said catering business, the petitioner has invested huge sum of money by raising sheds and compound wall from the year 2018 and assessed the said construction and also obtained the electricity service connection in the name of respondent No. 13 and acquired gas connection in the name of RRR Caterings. style of RRR Catering. 5. While things stood thus, the partner of the petitioner has retired from the partnership in the year 2024. Since then, the petitioner solely is running the said catering business as he has no other source of income. While being so, the respondent Nos.13 to 15 are attempting to dispossess the petitioner from the subject premises by sending anti-social elements and also threatening the petitioner with the support from the Station House Officer, Gopalapatnam Police Station, Visakhapatnam. Aggrieved by the said action, the petitioner lodged a complaint in the Spandana Portal vide Application No.502/2024,
4 before respondent No.3. Pursuant to the said complaint, no action has been initiated against the respondents. He further submits that on 26.03.2025, a Notice vide Rc.No.296/2025 issued by the respondent No.6, wherein, it is stated that owing to the PLCF No.60/2024 & 19125/Police Commissioner/2024, as the petitioner was not appeared for enquiry, the PLCF Authorities have decided that the petitioner has no right to continue his possession over the subject property and thereby directed the Station House Officer, Gopalapatnam Police Station by forwarding the said PLCF Petition to take further action. Thereafter, on 25.03.2025, the revenue and the police authorities reached the subject property and being unable to contact the petitioner through phone, they seized all the vessels of the petitioner’s catering services and kept with the Village Revenue Officer by preparing the panchanama and directed the petitioner to submit a representation to the Mandal Revenue Inspector, Gopalapatnam. Aggrieved by the action of the respondents, the petitioner filed the present Writ Petition. 6. was On the other hand, learned Government Pleader appearing for the respondent submits that, the respondents will follow the due procedure of law contemplated, if they intend to interfere with the possession of the petitioner’s property. 7. as
5 %
8.
Having regard to the submissions made by learned counsel for the petitioner and learned Government Pleader appearing for the respondents, this Court deems it appropriate to dispose of the present Writ Petition, directing the respondents not to interfere with the peaceful possession and enjoyment of the subject property as stated herein without following the due procedure as contemplated. \
9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/-G HELA NAIDU ASSISTANT REGISTRAR SECTIONOFFICER //TRUE COPY// To,
1. The Principal Secretary Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 2. The Principal Secretary Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 3. The District Collector,, Visakhapatnam District,
4. The Joint Collector, Visakhapatnam District. 5. The Revenue Divisional Officer, Visakhapatnam. 6. The Tahsildar, GopalapatharH," Visakhapatnam. 7. The City Police Commissioner, Visakhapatnam. 8. The Deputy Superintendent of Police, Pre Litigation Counselling Forum, Visakhapatnam. fk
9. The Deputy Commissioner Visakhapatnam. The Assistant Visakhapatnam. of Police, Zone Gajuwaka,
10. Commissioner of Police West Zone. 11. The Station House Gopalapatnam, Visakhapat Officer, Gopalapatnam Police Station, nam. 12. The Sub-Inspector i Gopalapatnam, Visakhapatnam One CC to SRI A S C Two C'Cs to GP FOR of Police, Gopalapatnam Police Station
13. BOSE Advocate [OPUCJ revenue, High Court of Andhra
14. Pradesh [OUT]
15. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT]
16. Three CD Copies KSR (gsg) H
HIGH COURT DATED:22/04/2025
ORDER WP.No.10358 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS