1 APHC010146182020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8900/2020 Between: 1. DEVARAKONDA HEMALATHA,, W/O.NAGA MALLESWARA RAO, AGED ABOUT 60 YEARS, R/O.AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT. 2. DEVARAKONDA SIVA SANKAR, S/O.NAGA MALLESWARA RAO, AGED ABOUT 37 YEARS, R/O.AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, MACHILIPATNAM, KRISHNA DISTRICT. 3. MANDAL EXECUTIVE MAGISTRATE AND TAHSILDAR, AVANIGADDA, KRISHNA DISTRICT. 4. SUBINSPECTOR OF POLICE, AVANIGADDA, KRISHNA DISTRICT. 5. KOSURU VENKATA SUBRAHMANYAM, S/O.PARASU RAMAIAH, AGED ABOUT 67 YEARS, R/O.AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. ADAPA RAMYA SAHITHI NAIDU Counsel for the Respondent(S): 2 1. K S MURTHY 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8900 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Certiorari declaring the orders passed by the Mandal Executive Magistrate & Tahsildar, Avanigadda in MC No.6/2020 dt. 19-3-2020 is wholly illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and without jurisdiction and quash the same and consequently declare that the respondents are not entitled to interfere with the possession of petitioner's house site admeasuring Ac.0.03 cents in RS No.299/2A situated at Avanigadda and pass….” 2. Heard Ms. Adapa Ramya Sahithi Naidu, learned counsel for the petitioners and Sri V. Farooq, learned Assistant Government Pleader for Home. None represented for the unofficial respondent. 3. Learned counsel for the petitioners would submit that a civil suit bearing O.S.No.62/2015 is pending on the file of the Principal Junior Civil Judge, Avanigadda, seeking permanent injunction, which was filed by the unofficial respondent No.5 herein. Learned counsel for the petitioners also would submit that in the light of the interim orders passed by this Court dated 19.05.2020, the petition may be disposed of. 4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. 4 5. In the light of the submissions referred supra, since this Court has passed an interim direction to stay of all further proceedings against the impugned order passed by the Tahsildar, Avanigadda and also in the light of the orders passed by this Court in Crl.P.No.27485 of 2004, this Writ Petition is disposed of by setting aside the impugned order dated 19.03.2020 in MC.No.6/2020 passed by the Mandal Executive Magistrate & Tahsildar, Avanigadda. There shall be no order as to costs. 6. Both the parties are at liberty to work out their remedies before the competent civil court where the suit bearing O.S.No.62/2015 is pending. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.10.2025. Vns