APHC010251202020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16499/2020 Between: 1. SAYAM SRINUVASU RAO,, S/O. LATE NARAYANA MURTHY, AGED 47 YEARS, R/O. HOUSE NO. 2-8, BANGARUMETTA, H/O. LOPUDI, LOPUDI GRAM PANCHAYAT, BUTCHIYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. 2. SAYAM TATAYYA DORA,, S/O. VENKAYYA DORA, AGED 65 YEARS, R/O. NO. 1-1, BANGARUMETTA, H/O. LOPUDI, LOPUDI GRAM PANCHAYAT, BUTCHAYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. 3. SAYAM VARAHALU DORA,, S/O. VENKAYYA DORA, AGED 63 YEARS R/O. BANGARUMETTA, H/O. LOPUDI, LOPUDI GRAM PANCHAYAT, BUTCHAYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYATH WING, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI DIVISION, VISAKHAPATNAM. 2 4. THE TAHSILDAR, BUTCHAYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. 5. THE GRAM PANCHAYATH, LOPUDI, REPRESENTED BY ITS SECRETARY, LOPUDI, BUTCHAYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. ...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 topleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed and illegal action on the part of the respondents particularly the respondents No. 4 AND 5 in attempting to dispossess the petitioners and to construct Wellness Centre in the petitioners private property i.e., vacant site in an extent of Ac. 0.11 cents situated adjacent to the petitioners residential houses on their western side covered by Survey No.107/13 of Bangarumetta, H/o. Lopudi Revenue Village, Lopudi Gram Panchayat, Butchayyapeta Mandal, Visakhapatnam District which is being used by the petitioners to keep their agriculture implements i.e., Tractors, Trailers, Tine Tillers, Disk-plough, Front blade etc., without issuing any notice, without conducting any enquiry and without passing any order as illegal, arbitrary, malafide, against the principles of Natural Justice, in violation of provisions of Andhra Pradesh Panchayath Raj Act, violation of Article 14, 21 and 300-A of Constitution of India besides contrary to the Judgments of this Hon'ble Court and to consequently direct the respondents not to interfere with the petitioners possession and enjoyment in respect of the subject site in any manner including construction of Wellness Centre or any other building in it, in the interest of justice and to pass IA NO: 1 OF 2020 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 interfere with our possession and enjoyment of vacant site in an extent of Ac. 0.11 cents situated adjacent to our residential houses on their western side covered by Survey No. 107/13, Bangarupeta, 1-1/o Lopudi Revenue Village, Butchayyapeta Mandal, Visakhapatnam District in any manner including construction of "Wellness Centre" or any other building in it during the pendency of writ petition, in the interest of justice and to pass IA NO: 1 OF 2022 3 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 vacate the interim orders dated 18/09/2020 in W.P. No.16499 of 2020 as devoid of merits and 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 may be pleased to vacate the interim order dated 18.09.2020 in WP.No.16499 of 2020 and dismiss the writ petition and pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Y KOTESWARA RAO The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16499/2020 ORDER: The claim of the petitioners in the Writ Petition is that respondent Nos.4 and 5 are attempting to dispossess the petitioners from their private land admeasuring to an extent of Ac.0.11 cents, Sy.No.107/13, Bangarumetta, H/o.Lopudi Revenue Village and Gram Panchayat, Butchayyapeta Mandal, Visakhapatnam District. 2. Heard the learned counsel for the petitioners. 3. Learned counsel for the petitioners submits that without following due process of law and without issuing any notice, the respondents are trying to dispossess the petitioners from the subject land for construction of wellness center. 4. Learned counsel for the petitioners further submits that after hearing the matter, this Court was pleased to pass an interim order dated 18.09.2020 restraining the respondents from making subject construction. In view of the interim order passed by this Court, no wellness center was constructed till date and the respondents are also not proposing any construction whatsoever. As such no further orders are necessary. If the respondents intend to make any construction hereafter, they shall follow due process and the petitioner hereby granted liberty to proceed further. 5 5. In view of the submissions made by the learned counsel for the petitioners, the Writ Petition is closed as infructuous by granting liberty to the petitioner, if the respondents makes any construction in future in the subject land, the petitioners shall proceed further by initiating separate proceedings. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 25.09.2025 TTPPSS 6 105 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16499/2020 25.09.2025 TTPPSS