APHC010040032019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 1828/2019 Between: 1. SHAIK NASEEMA BEGUM AND 5 OTHERS, W/O.MAHABOOB BASHA, MUSLIM, FEMALE, AGED 37 YEARS, RJO.11-32-29 AZEEMABAD, NEAR MASJID, GAJUWAKA, VISAKHAPATNAM. 2. MOHAMMAD MADEENA WALI,, S/O.MD.IBRAHIM, MUSLIM, MALE, AGED 26 YEARS, WO.12-4-9, AZEEMABAD, NEAR MASJID, GAJUWAKA, VISAKHAPATNAM. 3. SHARMILA UNISHA,, W/O.MOHAMMAD ALI, MUSLIM, FEMALE, AGED 30 YEARS, R/O.12-4-10/6, AZEEMABAD, NEAR MASJID, GAJUWAKA, VISAKHAPATNAM. 4. MUMTAZ BEGUM,, W/O.MOHAMMAD IBRAHIM, MUSLIM, FEMALE, AGED 55 YEARS, RIO.12-4-9 AZEEMABAD, NEAR MASJID, GAJUWAKA, VISAKHAPATNAM 5. PARVEEN KOUSIR,, W/O.MOHAMMAD RAMZAN ALI, MUSLIM, FEMALE, AGED 29 YEARS, RJO.12-4-9 AZEEMABAD, NEAR MASJID, GAJUWAKA, VISAKHAPATNAM. 6. SHAIK HASEENA,, W/O.ANWAR BASHA MUSLIM, FEMALE, AGED 40 YEARS, R/O.12-4-8 AZEEMABAD, NEAR MASJID, GAJUWAKA,VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH AND 3 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, NJS,J W.P No.1828 of 2019 2 AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DIVISION, VISAKHAPATNAM. 4. THE MANDAL TAHSILDAR, GAJUWAKA MANDAL, GAJUWAKA, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) NJS,J W.P No.1828 of 2019 3 The Court made the following Order: The present writ petition is filed seeking to declare the action of the respondent No.4 in threatening to dispossess the petitioners from the house plots bearing Nos.128, 129, 130, 127, 131 and 126 admeasuring 60 square yards each in Survey No.102/1 and 2 part of Fakeertakya Village of Gajuwaka Mandal, Visakhapatnam District, without following due process of law as illegal, arbitrary etc., and for consequential directions. 2. The learned counsel for the petitioners made submissions with reference to the averments made in the affidavit filed in support of the writ petition. He submits that as stated in the writ petition the respondent No.4 is resorting to highhanded action and therefore, the petitioners are constrained to file the present writ petition. He submits that unless appropriate orders protecting the interest of the petitioners are passed, they would suffer serious prejudice and great hardship and in similar circumstances, a learned Judge of this Court disposed of W.P Nos.44489 of 2018 by an order dated 06.12.2018 and W.P No.40969 of 2018 by an order dated 19.11.2018. 3. On the other hand, Mr. K Arjun Chowdary, learned Assistant Government Pleader, placed a copy of the instructions dated 19.11.2025 received from the respondent No.4 for perusal of this Court. In the said instructions, it is inter alia stated that, as per the records, Survey No.102-2 of Fakeertakya Village is classified as Cheruvu i.e., objectionable land, etc. 4. However, the submissions made on both sides need not be examined in detail for the reason that in the similar circumstances, writ petitions referred to above were disposed of, with a direction to the respondents not to evict the petitioners, without following due process of law. Even, the respondent No.4 in the instructions referred to above, states that the <If the writ petitioners are found to be encroached in objectionable lands, necessary further action will be taken duly following the procedure as per rules=. NJS,J W.P No.1828 of 2019 4 5. In the above mentioned facts and circumstances of the case, this Writ Petition is disposed of, providing that no coercive action in respect of the subject matter plots shall be initiated, expect by following the due procedure as contemplated under law. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date:19.11.2025 Ksj