Extracted from the PDF above. The PDF is authoritative.
::1::
APHC010178132020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11359/2020 Between:
1. TIRUMALA SETTI SIVAMMA, W/O ANAJANEYULU, AGE. 63, D.NO.4-21, ARAVAPALLI VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. ...PETITIONER AND
1. STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT
2. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT, GUNTUR
3. THE PANCHAYAT SECRETARY, ARAVAPALLI GRAMAPANCHAYAT,
NARASARAOPET, GUNTUR DISTRICT. 4. DAMARAVARAPU RAMESH, S/O HANUMANAIAH, AGE NOT KNOWN TO THE PETITIONER R/O ARAVAPALLI VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 5. PULUSU KRISHNA, S/O AND AGE NOT KNOWN TO PETITIONER, R/O ARAVAPALLI VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. ...RESPONDENT(S):
2 This Court made the following ORDER:
1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“..to issue Writ, Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in demolishing the house of the petitioner situated in an extent of Ac.0.08 cents out of Ac.0.19 cents of Avarapalli Village, Narasaraopet Mandal, Guntur District is highly illegal, arbitrary, unjust, improper, against the principles of natural justice and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the land in an extent of Ac.0.08 cents situated in Aravarapalli Village, Narasaraopet Mandal, Guntur District and pass...”
2. Heard the learned counsel for the petitioner and the learned Standing counsel for the 3rd respondent Gram Panchayat. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject house situated in an extent of Ac.0.08 cents out of Ac.0.19 cents in Avarapalli Village, Narasaraopet Mandal, Guntur District. He further submits that, without issuing any notice to the petitioner and without following due process of law, the respondents are trying to interfere with the peaceful possession and enjoyment of the subject house
3 and trying to demolish the petitioner’s house. Hence, the present writ petition. 4.
On the other hand, the learned Standing Counsel for the 3rd respondent Gram Panchayat furnished written instructions dated 24.09.2025, wherein it is stated that the respondent authorities are not interfering with the peaceful possession and enjoyment of the subject house of the petitioner and that it is only an apprehension of the petitioner. 5. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the 3rd respondent Gram Panchayat, and on perusal of the material available on record, and in view of the clear and categorical admission by the respondents that they are not interfering with the peaceful possession and enjoyment of the subject house of the petitioner, this Court is of the considered view that the present writ petition can be disposed of by directing the respondents, if the respondents intend to interfere with the peaceful possession and enjoyment of the subject house of the petitioner, they shall follow due procedure as contemplated under law. 4
6. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 24.09.2025 klk
5
226
THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA
WRIT PETITION NO.11359 of 2020
24.09.2025 klk