APHC010380482020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 25372/2020 Between: 1. VADDADI CHITTEMMA @ CHINNATHALLI, W/O APPARAO, AGED 56 YEARS, R/O SETTIPALEM VILLAGE, MAKAVARAPALEM MANDAL, VISAKHAPANAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 3. THE TAHSILDAR, MAKAVARAPUPALEM 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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in resorting to evict/ dispossess the petitioner from the landed property to an extent of Ac. 0.64 cents situated in Sy.No 109/1 and to an extent of Ac. 0.36 cents situated in Sy.No.109- 2of Settipalem Village, Makavarapupalem Mandal,Visakhapatnam District for the purpose of allotting house sites to the landless poor 2 under the scheme of Navaratnalu - Pedalandariki Illu without issuing any notice, without following due process of law, violative of principles of natural justice, Colourable exercise of power, non-application of mind as is illegal, arbitrary and Violation of Article 14, 21 and 300-A of the constitution of India and consequently direct the respondents not to interfere with peaceful possession and enjoyment of the petitioner's land situated in Sy. No. 109-1 and 109/2 of Settipalem Village, Makavarapupalem Mandal, Visakhapatnam District, 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 prayed that this Hon'ble Court may be pleased direct the respondents not to interfere with peaceful possession and enjoyment of the petitioner's land to an extent of Ac.0.64 cents situated in Sy. No.109-1 and to an extent of Ac.0.36 cents in Sy.No 109/2of Settipalem Village, Makavarapupalem Mandal, Visakhapatnam District pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1. M LAKSHMI NARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in resorting to evict/ dispossess the petitioner from the landed property to an extent of Ac.0.64 cents situated in Sy.No.109/1 and to an extent of Ac.0.36 cents situated in Sy.No.109/1 and to an extent of Ac.0.36 cents situated in Sy.No.109-2 of Settipalem village, Makavarapupalem Mandal, Visakhapatnam District for the purpose of allotting house sites to the landless poor under the scheme of ‘Navaratnalu-Pedalandariki Illu’ without issuing any notice, without following due process of law. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the respondent authorities will follow the due procedure with respect to the subject land. There is an interim order of this court dated 31.12.2020. 4. In view of the above said facts and circumstances, the respondent Nos.2 & 3 are directed to deal with the subject land to an extent of Ac.0.64 cents situated in Sy.No.109/1 and to an extent of Ac.0.36 cents situated in Sy.No.109/1 and to an extent of Ac.0.36 cents situated in Sy.No.109-2 of Settipalem village, Makavarapupalem Mandal, Visakhapatnam District strictly in accordance with law if so 4 warranted for any public purpose, if not utilized the same by now for the above said purpose of housing. If the petitioner is otherwise found to be in possession of the same, she shall be dealt with strictly in accordance with law by hearing all the parties concerned including the petitioner, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession from the subject land, shall not be made except by following the due process of law. 5. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 24.09.2025 NNN