APHC010271332022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16008/2022 Between: 1. ONGOLU PEDDAIAH, S/O PEDDAIAH, AGED ABOUT 56 YEARS, OCC. POLICE CONSTABLE, R/O. D.NO.28/10/627, GANDHI GIRIJANA COLONY, VENKATESWARA PURAM, NELLORE, SPSR NELLORE DISTRICT 2. ONGOLU KUMARI, W/O PEDDAIAH, AGED ABOUT 50 YEARS, OCC. HOUSEWIFE, R/O. D.NO.28/10/627, GANDHI GIRIJANA COLONY, VENKATESWARA PURAM, NELLORE, SPSR NELLORE DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, WATER RESOURCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE CHIEF ENGINEER, NTR TELUGU GANGA PROJECT, TIRUPATHI, TIRUPATHI DISRTRICT. 3. THE SUPERINTENDING ENGINEER, WATER RESOURCE DEPARTMENT, NELLORE CIRCLE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, NELLORE CENTRAL DIVISION, WATER RESOURCE DEPARTMENT, SPSR NELLORE DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, BUCHI SUB-DIVISION, NELLORE SPSR NELLORE DISTRICT. 6. THE COMMISSIONER, NELLORE MUNICIPAL CORPORATION, 2 VS,J W.P.No.16008 of 2022 SPSR NELLORE DISTRICT. 7. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 8. THE TAHSILDAR, NELLORE, SPSR NELLORE DISTRICT. RR 7AND 8 ARE IMPLEADED AS PER C.O.DT.23/06/2022 IN IA.NO.2/2022. ...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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to demolish the house constructed in Plot No.52 and 57 in Sy.No.2005/C2, with assessment No.1031062419, situated at Gandhi Girijana Colony, Venkateswarapuram, Nellore, SPSR Nellore District as illegal, arbitrary and violation of Article 300-A of Constitution of India consequently direct the respondents not to interfere with petitioners' house constructed in Plot No.52 and 57 in Sy.No.2005/C2, situated at Gandhi Girijana Colony, Venkateswarapuram, Nellore, SPSR Nellore District 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 pleased to direct the respondents not to demolish the house constructed in Plot No.52 and 57 in Sy.No.2005/C2, with assessment No.1031062419, situated at Gandhi Girijana Colony, Venkateswarapuram, Nellore, SPSR Nellore District during pendency of the Writ petition and pass IA NO: 2 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 Pleased to permit the petitioner to implead the proposed respondents 7 and 8 as respondents 7 and 8 in the writ petition no 16008/2022 and in IA 1/2022 in WP.16008/2022 and pass IA NO: 3 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 pleased to vacate the interim order dated 23-06-2022 in WP.No.16008 of 2022 and pass 3 VS,J W.P.No.16008 of 2022 Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.No.16008 of 2022 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to demolish the house constructed in Plot No.52 and 57 in Sy.No.2005/C2, with assessment No.1031062419, situated at Gandhi Girijana Colony, Venkateswarapuram, Nellore, SPSR Nellore District as illegal, arbitrary and violation of Article 300-A of Constitution of India consequently direct the respondents not to interfere with petitioners' house constructed in Plot No.52 and 57 in Sy.No.2005/C2, situated at Gandhi Girijana Colony, Venkateswarapuram, Nellore, SPSR Nellore District….” 2. The 2nd petitioner herein is the wife of 1st petitioner. She was assigned plot No.52 in Sy.No.2005/C2 admeasuring an extent of 9 ½ ankanams situated at Gandhi Girijana Colony, Venkateswarapuram, Nellore, SPSR Nellore District on payment of market value. Subsequently, the 2nd petitioner executed a settlement deed in favour of the 1st petitioner with respect to the said plot vide registered document No.681/2012, dated 22.02.2012. The 2nd petitioner also purchased plot No.57 admeasuring an extent of 9 ½ ankanams from one Epuru Srinivasulu under a registered sale deed vide document No.906/2012, dated 06.03.2012. Both petitioners jointly applied for building permission for construction of a residential house in the above said two plots. The 4th respondent granted building permission vide proceedings in B.A.No.320/2012/G1, dated 20.04.2012. Pursuant thereto, the petitioners constructed a residential house in accordance with the sanctioned plan. The 5 VS,J W.P.No.16008 of 2022 said building was also assessed by the Municipal authorities, and electricity connection was also sanctioned by the Electricity department. 3. While the things stood thus, two days prior to the filing of the present writ petition, the staff of respondents No.3 to 6 came to the petitioners‟ house and directed them to vacate the house immediately, stating that the said plots were required by them for construction of a Porlukatta to Penna River. As the respondents were attempting to evict the petitioners without following due process of law and without initiating land acquisition proceedings or paying compensation, the petitioners filed the present writ petition. 4. When the writ petition came up for admission on 23.06.2022, this Court passed the following interim order: “…. The respondents shall not take any coercive steps against the petitioners except in accordance with law.” 5. Respondent No.8 has filed a counter affidavit, duly extracting the facts as stated by the petitioner. However, it is stated that an extent of Ac.21.15 cents in Sy.No.2005-C of Nellore Bit-2 Village is classified as „Bund‟ Poramboke as per the RSR of the village. As such, no market value pattas were granted to anybody in any manner in respect of the said land. It is also stated that any transactions pertaining to the concerned Government land do not create any right under law and are void under the A.P. Registration Act 1908. 6. However, except stating that the scheduled land is classified as „Bund‟ Poramboke” nowhere it is mentioned as to whether the respondents have conducted any survey to determine the extent of encroachment of the 6 VS,J W.P.No.16008 of 2022 petitioners over the Bund Poramboke. It is also not stated whether the respondents have conducted any enquiry regarding the assigned patta granted to the 2nd petitioner on 22.02.2012, as well as the registered sale deed dated 06.03.2012, based on which the petitioners have been in possession of the said land. 7. In view of the above circumstances, and considering the admitted possession of the petitioners along with the registered documents and the permissions granted by the municipal authorities, this Court feels it appropriate to dispose of the writ petition by directing the respondents not to interfere with the petitioners‟ possession over the subject land without following due process of law. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 15.10.2025 KGR