APHC010154222022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8395/2022 Between: 1. PATAN MAHABOOB BASHA, , SON OF ABDULLAH KHAN, MUSLIM, AGED ABOUT 55 YEARS, RESIDENT OF DOOR NO.3-66, SRAMIKA NAGAR, A.K. NAGAR POST, NELLORE-4. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRL. SECRETARY IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , NELLORE, SPSR NELLORE DISTRICT. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, NELLORE MANDAL, SPSR NELLORE DISTRICT. 4. THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, NELLORE, SPSR NELLORE DISTRICT. 5. THE TAHSILDAR, NELLORE RURAL MANDAL, SPSR NELLORE 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 to issue a Writ, order or Orders more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents in interfering with 2 VS,J W.P.No.8395 of 2022 peaceful possession and enjoyment of petitioner from his site with an extent of Ac 9 ankanams or 72 Sq Yards bearing Plot no lA comprised in Sy. No 2166-3 and 2167-3 52 of Sharmik Nagar, Kothur, Nellore Bit-I Nellore Rural Mandal, SPSR Nellore District without following due process of law as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from his site with an extent of Ac 9 ankanams or 72 Sq Yards bearing Plot no IA comprised in Sy. No 2166-3 and 2167-3 52 of Sharmik Nagar, Kothur, Nellore Bit-I Nellore Rural Mandal, SPSR Nellore District and pass IA NO: 1 OF 2022 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 Hon'ble Court may be pleased to direct the respondents to forthwith release the bill amounts to the petitioner in relation to the execution of works i.e vide Agreement No. 146/2018-19 dated 16-08-2018 for amount of Rs. 5,63,588/- pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.8395 of 2022 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, order or Orders more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents in interfering with peaceful possession and enjoyment of petitioner from his site with an extent of Ac 9 ankanams or 72 Sq Yards bearing Plot no lA comprised in Sy. No 2166-3 and 2167-3 52 of Sharmik Nagar, Kothur, Nellore Bit-I Nellore Rural Mandal, SPSR Nellore District without following due process of law as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from his site with an extent of Ac 9 ankanams or 72 Sq Yards bearing Plot no IA comprised in Sy. No 2166-3 and 2167-3 52 of Sharmik Nagar, Kothur, Nellore Bit-I Nellore Rural Mandal, SPSR Nellore District….” 2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation. 3. When the matter came up for admission on 01.04.2022, this Court passed the following interim order: “….there shall be an interim direction, directing the respondents no to dispossess the petitioner from his site with an extent of Ac.9 ankanams or 72 Sq.yards bearing Plot No.1A in Sy.No.2166-3 and 2167-3 52 of Sharmik Nagar, Kothur, Nellore Bit- I, Nellore Rural Mandal, SPSR Nellore District for a period of eight (08) weeks.” Subsequently, the said interim order was extended from time to time. 4 VS,J W.P.No.8395 of 2022 4. In view of the fact that the petitioner is claiming ownership of the land to an extent of Ac.9 ankanams or 72 Sq.yards bearing Plot No.1A in Sy.No.2166-3 and 2167-3 52 of Sharmik Nagar, Kothur, Nellore Bit-I, Nellore Rural Mandal, SPSR Nellore District by way of a registered sale deed bearing Document No.7162 of 2014 dated 13.08.2014 and in view of the interim order granted by this Court on 01.04.2022, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents not to dispossess the petitioners from the subject land without following due process of law. 5. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 22.09.2025 KGR