IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11207 OF 2025 Between: Parepalli Govindu, aged about 46 yrs, Occ.Business, S/o. Parepalli Satyanarayana 1-1, Palteru village Visakhapatnam, Andhra Pradesh531126. Payakaraopeta, Palteru, ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam. 3. The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District. Divisional Panchayath Officer, Visakhapatnam District. 5. The Tahsildar Payakaraopeta, Payakraopeta Mandal, Visakhapatnam District. 4. The Narsipatnam Division, 6. The Panchayat Secretary, Palteru Village, Payakaraopeta Mandal, Visakhapatnam District. 7. The SHO, Payakaraopeta Police station . Visakhapatnam District 8. Rayi Ramesh Babu, aged about 55 yrs, W/o. Late Rayi Apparao. 5-13- 10, Killadavari street, Kothapeta East Godavari, 533401. 9. Ravi Kishore Babu, aged about 55yrs, S/o. Rayi Apparao Ramnagar Bazaar Raod Vishakhapatnam, 530002. 10-11-41, Ramnagar Visakhapatnam(urban), ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of Respondent No.5 and 6 in threatening to dispossess the Petitioner from the property admeasuring in total Acre 2.36 Cents, situated at Payakaraopeta Village, Payakaraopeta Mandal, Anakapalli District comprising in survey numbers and issued Lay Out Permission Numbers (LP Number) (a) LP No. 703 in Survey No. 185-1, extent of Acre 0.318 cents, (b) LP No. 708 in Survey No. 183-1, extent of Acre 0.547 cents, (c) LP No. 709 in Survey No. 183-1, extent of Acre 0.416 cents, (d) LP No. 710 in Survey No. 183-1, extent of Acre 0.343 cents, (e) LP No. 711 in Survey No. 183-1, extent of Acre 0.295 cents, (f) LP No. 712 in Survey No. 183-1, extent of Acre 0.133 Cents LP No. 713 in Survey No. 185-1, extent of Acre 0.017 (g) Cents, (h) LP No. an extent of Acre 0.289 Cents, at the behest of Respondent No.8 and 9 without issuing any notice or following due process of law or initiating proceedings under the Land Acquisition se illegal, manifestly arbitrary, unreasonable and violative of Articles 14 19, 21 and 300-A of the Constitution of India 714in Survey No. 185-1 Act, 2013 as per and in utter violation of Principles of Natural Justice. ^ €» '■'i 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 desist the Respondents from altering the nature of the property admeasuring in total Acre 2.36 Cents comprising in survey numbers and Lay Out Permission Numbers (LP Number)(a) LP No. 703 in Survey No. 185-1, extent of Acre 0.318 cents, (b) LP No. 708 in Survey No. 183-1, extent of Acre 0.547 cents, (c) LP No. 709 in Survey No. 183-1, extent of Acre 0.416 cents, (d) LP No. 710 in Survey No. 183-1, extent of Acre 0.343 cents, (e) LP No. 711 in Survey No. 183-1, extent of Acre 0.295 cents, (f) LP No. 712 in Survey No. 183-1, extent of Acre 0.133 Cents, (g) LP No. 713 in Survey No. 185-1, extent of Acre 0.017 Cents, (h) LP No. 714 in Survey No. 185-1 an extent of Acre 0.289 Cents, situated at Payakaraopeta Village, Payakaraopeta Mandal, Anakapalli District. Counsel for the Petitioner: SRI ANCHA PANDURANGA RAO Counsel for the Respondent Nos.i, 2, 3, 5: GP FOR REVENUE Counsel for the Respondent Nos. 4, 6: SRI Y. KOTESWARA RAO, SC FOR ZPPS, MPPS & GRAM PANCHAYAT Counsel for the Respondent No.7: GP FOR HOME Counsel for the Respondent Nos:8 & 9: — The Court made the following: ..1.. • • JL • • APHC010226602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11207/2025 [3329] Between: Parepalli Govindu ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .ANCHA PANDURANGA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE ...RESPONDENT(S) This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution 1. of India seeking the following relief: “..to issue a Writ of Mandamus or any other appropriate Writ order or direction deciaring the action of Respondent No 5 and 6 in threatening to dispossess the Petitioner from the property admeasuring in total Acre 2.36 Cents situated at Payakaraopeta Village, Payakaraopeta Mandal, Anakapalli District, comprising in survey numbers and issued Lay Out Permission Numbers LP Number (a) LP No. 703 in Survey No.185- 1 extent of Acre 0.318 cents (b) LP No. 708 in Survey No.183-1 extent of Acre 0.547 cents (c) LP No.709 in Survey No.183-1 extent of Acre 0.416 cents (d) LP No.710 in Survey No.183-1 extent of Acre 0.343 cents (e) LP No.711 in Survey No.183-1 extent of Acre 0.295 cents (f) LP No.712 in Survey No.183-1 extent of Acre 0.133 Cents (g) LP No. 713 in Survey No.185-1 extent 2 of Acre 0.017 Cents (h) LP No.714 in Survey No 185-1 an extent of Acre 0.289 Cents at the behest of Respondent No. 8 and Owithout issuing any notice or undeMhP or initiating proceedings under the Land Acquisition Act 2013 as per se iiieaal manifestly arbitrary unreasonable and violative ^of Articles 14 19 21 and 300A of the Constitution of indZ and in utter violation of Principles of Natural Justice... 2. The case of the petitioner is that the petitioner is the absolute owner and possessor of land admeasuring Ac. 2.36 cents situated at Payakaraopeta Village, Payakaraopeta District, having acquired the subject deed vide Document No. 1474 of 2023, the execution of the said partition deed. Mandal, Anakapalli property through a partition dated 08.02.2023. Since the petitioner has been in peaceful possession and enjoyment of the subject property without any interruption. While things stood thus, the unofficial respondent Nos. 8 and 9, claiming rights over the property, entered subject land along with a JCB and upon the commenced leveling operations. 3. The learned counsel for the unofficial respondent Nos. 8 and 9 petitioner submits that the are trying to dispossess the petitioner from the subject property without issuing any notice or following the due process of law, which iIS contrary to the provisions and Transparency in Land of the Right to Fair Compensation r*' & 3 and Resettlement Act, 2013. Hence, the Acquisition, Rehabilitation present writ petition. Pleader for Government Assistant Learned 4. The admitted that the petitioner is in continuous possession of subject property and the respondents authorities of law and requested to pass appropriate Respondents would follow due process order in accordance with law. settled proposition of law that when the petitioner is in 5. it is settled possession and enjoyment of the property, the respondents interfere with the possession and enjoyment of not entitled to are and such highhanded action of the respondents would constitutional right guaranteed Constitution of India, besides violation of of India. Even assuming for a moment the petitioner amount to depriving the petitioner’s under Article 300-A of the Article 14 of the Constitution that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate of the law declared by the Apex Court in Rame action and in view Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.', when the petitioner is in settled possession and enjoyment of the 2004(1) see 769 4 property, he cannot be dispossessed, without following due of law. Therefore, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property, except by due process of law. With the above direction, the writ petition is disposed of. No process 6. costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/-B CHITTIJOSEPH ASSISTANT REGISTRAR * //TRUE COPY// SECTION OFFICER To, 1 1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam. 3. The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District. 4. The Divisional Panchayath Officer, Visakhapatnam District. 5. The Tahsildar Payakaraopeta, Payakraopeta Mandal, Visakhapatnam District. 6. The Panchayat Secretary, Palteru Village, Payakaraopeta Mandal, Visakhapatnam District. 7. The SHO, Payakaraopeta Police Station, Visakhapatnam District. 8. Rayi Ramesh Babu, aged about 55 yrs, W/o. Late RayiApparao. 5-13- 10, Killadavari street, Kothapeta East Godavari, 533401. 9. Ravi Kishore Babu, aged about 55yrs, S/o. RayiApparao, 10-11-41, Ramnagar Bazaar Raod, Ramnagar Visakhapatnam (urban), Visakhapatnam, 530002. One CC to SRI. ANCHA PANDURANGA RAO, Advocate [OPUC] Revenue Narsipatnam Division 10. 11. One CC to SRI Y. KOTESWARA RAO, STANDING COUNSEL FOR ZPPS, MPPS AND GRAM PANCHAYAT [OPUC] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. 12. [OUT] 13. Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT] 14. Three CD Copies sree HIGH COURT DATED:30/04/2025 ORDER 7 3 J'JL a(K " Ciifreif>i SsciKJii — WP.No.11207of 2025 St rr? «9 DISPOSING OF THE W.P. WITHOUT COSTS