APHC010489122023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25210/2023 Between: 1. CHAPPIDI DURGARAO, S/O RAYUDU, AGED ABOUT 43 YEARS, OCC. COOLIE, R/O. D MANDAL, WEST GODAVARI DISTRICT. 2. KETHA CHANDRA RAO, S/O KRISHNA MURTHY AGED ABOUT 56 YEARS, OCC. COOLIE, R/O. D ACHANTA MANDAL, WEST GODAVARI DISTRICT. 3. GADIRAJU THIMOTIRAJU, S/O KANAKARAJU, AGED ABOUT 53 YEARS, OCC. CHURCH FATHER, R/O. D MANNEVARIPALEM, ACHANTA MANDAL, WEST GODAVARI DISTRICT. 4. CHELLIBOYINA NAGARAJU, S/O ANGALU, AG OCC. COOLIE, R/O. D ACHANTAMANDAL, WEST GODAVARI DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT, S VELAGAPUDI, AMARAVATI. 2. THE DIST COLLECTOR, WEST GODAVARI DISTRICT, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25210/2023 CHAPPIDI DURGARAO, S/O RAYUDU, AGED ABOUT 43 YEARS, OCC. COOLIE, R/O. D-NO. 23/18, MANNEVARIPALEM, ACHANTA MANDAL, WEST GODAVARI DISTRICT. KETHA CHANDRA RAO, S/O KRISHNA MURTHY AGED ABOUT 56 YEARS, OCC. COOLIE, R/O. D-NO. 24/154, MANNEVARIPALEM, ACHANTA MANDAL, WEST GODAVARI DISTRICT. GADIRAJU THIMOTIRAJU, S/O KANAKARAJU, AGED ABOUT 53 YEARS, OCC. CHURCH FATHER, R/O. D MANNEVARIPALEM, ACHANTA MANDAL, WEST GODAVARI CHELLIBOYINA NAGARAJU, S/O ANGALU, AGED ABOUT 55 YEARS OCC. COOLIE, R/O. D-NO. 23/155, MANNEVARIPALEM, ACHANTAMANDAL, WEST GODAVARI DISTRICT ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. THE DIST COLLECTOR, WEST GODAVARI DISTRICT, IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CHAPPIDI DURGARAO, S/O RAYUDU, AGED ABOUT 43 YEARS, NO. 23/18, MANNEVARIPALEM, ACHANTA KETHA CHANDRA RAO, S/O KRISHNA MURTHY AGED ABOUT 56 MANNEVARIPALEM, GADIRAJU THIMOTIRAJU, S/O KANAKARAJU, AGED ABOUT 53 YEARS, OCC. CHURCH FATHER, R/O. D-NO. 23/87, MANNEVARIPALEM, ACHANTA MANDAL, WEST GODAVARI ED ABOUT 55 YEARS NO. 23/155, MANNEVARIPALEM, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF PANCHAYATI RAJ AND RURAL ECRETARIAT BUILDINGS, THE DIST COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 3. THE ACHANTA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, ACHNATA VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, ACHANTA MANDAL, WEST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, BHIMAVARAM, WEST GODAVARI DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, R AND B DEPARMENT PALAKOLLU, WEST GODAVARI DISTRICT. 7. THE STATION HOUSE OFFICER, , ACHANTA POLICE STATION, ACHANTA MANDAL, WEST GODAVARI DISTRICT. 8. SMT MEKA MANGA LAXMI, W/O VENKATESHWAR RAO AGED ABOUT 55 YEARS, OCC. CULTIVATION R/O. ANAKAPALLI, ANAKAPALLI DISTRICT. THE ACHANTA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, ACHNATA VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, ACHANTA MANDAL, WEST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, BHIMAVARAM, WEST GODAVARI DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, R AND B DEPARMENT PALAKOLLU, WEST GODAVARI DISTRICT. 7. THE STATION HOUSE OFFICER, , ACHANTA POLICE STATION, ACHANTA MANDAL, WEST GODAVARI DISTRICT. 8. SMT MEKA MANGA LAXMI, W/O VENKATESHWAR RAO AGED ABOUT 55 YEARS, OCC. CULTIVATION R/O. ANAKAPALLI, ANAKAPALLI 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the impugned high handed action on the part of the respondents herein more particularly 2-7 threatening the petitioners to dispossess / removal of residential houses of the petitioners in R.S.No.394/1, 2 of Mannevaripalem (V), Achanta Grama Panchayat pendency of the explanation dated 13-09-2023 pursunat to the Notice dated 11- 09-2023 and also pendency of the applications dated 14-09-2023 to grant of house site patta before the Revenue authorities and contrary to the orders nade in W.P.N0.14178/2017 dated 15-02-2023 is highly illegal, arbitrary and violative of Articles 14, 16, 21 AND 300 A of the Constitution of India apart from without jurisdiction and contrary to the Land Encroachment Act and consequentially direct the respondents not to removal / demolish the residential houses / structures of the petitioners in R.S.No.394/1, 2 of Mannevaripalem (V), Achanta Grama Panchayat pendency of the explanation dated 13-09-2023 pursunat to the Notice dated 11-09-2023 and also pendency of the applications dated 14-09-2023 to grant of house site patta before the Revenue authorities, and pass IA NO: 1 OF 2023 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 respondent not to removal / demolish the residential houses / structures of the petitioners in R.S.No.394/1, 2 of Mannevaripalem (V), Achanta Grama Panchayat pendency of the explanation dated 13-09- 2023 pursunat to the Notice dated 11- 09-2023 and pendency of the applications dated 14-09-2023 to grant of house site patta, pending disposal of the above writ petition and pass IA NO: 2 OF 2023 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 order dated: 25.09.2023 passed in I.A. No. 1 of 2023 in W.P. No.25210 of 2023 and pass Counsel for the Petitioner(S): 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR HOME 3. GP FOR REVENUE 4. GP FOR PANCHAYAT RAJ RURAL DEV 5. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 6. P RAJASEKHAR The Court made the following: ORDER This writ petition is filed questioning the action of the respondent Nos. 2 to 7 in threatening to dispossess the petitioners of their residential houses in R.S.No.394/1,2 of Mannevaripalem village, Achanta Gram Panchayat without considering the factum of pendency of their application for grant of house site pattas and further without considering the explanation submitted to the notice issued to them dated 11.09.2023. 2. When the matter came up for admission on 25.09.2023, this Court granted interim direction to the respondent authorities not to take any coercive steps against the petitioner’s subject property. 3. Despite lapse of considerable time since the date of granting interim direction, the respondent Gram Panchayat did neither chose to file counter nor place on record the written instructions. In the Counter affidavit filed by R&B Department, they undertook to follow due process of law in case they intend to interfere with possession of the subject property. 4. In view of the same, there is no purpose in keeping the writ petition pending and same can be disposed of making interim order as final order. 5. Accordingly, the writ petition is disposed of, directing the respondent authorities not to take any coercive steps against the petitioners’ subject property, except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 2nd December, 2025. RR