APHC010453062023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23397/2023 Between: Christ Delivarance Ministries Church ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: The short grievance of the petitioner is that, the respondent authorities are trying to dispossess them from the subject Church situated at Paturu village, Kovvur Mandal, SPSR Nellore District without following due process of law. 2. Heard Sri V.Roopesh Kumar Reddy, learned counsel for the petitioner, Sri Bala Krishna, learned Assistant Government Pleader for Panchayat Raj Department and Sri M.Sudhir, learned Standing counsel for Gram Panchayat. 3. When the matter is taken up for consideration, Sri M.Sudhir, learned Standing counsel for Gram Panchayat and Sri Bala Krishna, learned Assistant Government Pleader for Panchayat Raj Department on counter collectively submitted that the subject land is classified as 8Canal Poramboke9 wherein a community hall was constructed by the Yanadi Tribal Development Project with the aid of World vision of India on 29.08.1995 for use of Yanadi communities at the time for cyclone etc., and as the community hall is vacant, the petitioner used it for the purpose of prayer and now, without any right or title over the subject land, the petitioner is trying to raise compound wall. As such no indulgence need be shown on the petitioner and prayed to dismiss the writ petition. 4. It is well settled principle of law that even an encroacher is entitled for a reasonable notice. Having admitted that the petitioner is an encroacher, the respondents have not issued any notice to the petitioner as per the settled principle of law. In view of the same, this Court is inclined to dispose of the writ petition with the following direction: The respondent authorities are directed not to interfere with the subject property except under due process of law. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS