APHC010200792018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 8751 OF 2018 Between: 1. BOLLE CHANDRA RAO, SCHEDULED CASTE, PHYSICALLY HANDICAPPED, DOOR NO.1-92, SURAPPAGUDEM BHIMADOLE MANDAL WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VEGLAGAPUDI AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. 3. THE TAHSILDAR, BHIMADOLE MANDAL BHIMADOLE, WEST GODAVARI DISTRICT. 4. THE EXECUTIVE OFFICER, SURAPPAGUDEM GRAM PANCHAYAT SURAPPAGUDEM, BHIMADOLE MANDAL WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. G RONALD RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2 The Court made the following ORDER: The present Writ Petition is filed seeking to declare the action of the respondent Nos.2 to 4 to dislodge the petitioner from the land an extent of Ac.1-30 Cts., situated in RS No.110 of Surappagudem village, without serving any notice and following due process of law as illegal, arbitrary etc., and for consequential directions. 2) Heard the learned counsel for the petitioner. 3) While admitting the matter a learned Judge, on 20.03.2018, directed status quo with regard to possession in respect of the subject matter property. Be that as it may. Respondent Nos.1 to 3 filed counter affidavit dated 31.03.2018, along with a petition to vacate the said orders. In the counter affidavit they specifically asserted that the petitioner had encroached an extent of Ac.0-10 cents of land in RS No.110/1C, which is classified as “Pedda Reddipalli Kunta” (Tank Poramboke) and as such he was evicted on 06.02.2018 by the Panchayat Secretary-4th respondent herein. 4) The learned Assistant Government Pleader Mr.K.Arjun Chowdary referring to para No.4 of the said counter affidavit submits that as the land in question is objectionable, after counseling the petitioner a patta was granted in favour of the petitioner’s wife Smt.Bolle Paralokam vide ROC No.284/2008(A), dated 15.02.2018, in RS No.61/3 (Plot No.59) and that the same was handed over to her on 24.02.2018. He submits that suppressing these aspects, the petitioner filed the present Writ Petition and the same is liable to be dismissed. He also submits that the material filed along with 3 counter affidavit of the 4th respondent would make it clear that the petitioner was evicted from the subject land property prior to the filing of the Writ Petition itself. Making the said submissions, learned Assistant Government Pleader seeks dismissal of the Writ Petition. 5) This Court has perused the material on record. As noted earlier, the counter affidavit, on behalf of the respondent Nos.1 to 3, along with vacate stay petition was filed as long back as in the year 2018, that too immediately after the interim orders are granted. However, the petitioner did not choose to file any reply affidavit, thereby the counter averments remained uncontroverted. Non-denial of the material averments in the counter affidavit amounts to admission. Therefore, this Court has no option, except to dismiss the Writ Petition. 6) Accordingly, the Writ Petition is dismissed. No costs. 7) Consequently, the Miscellaneous Applications pending, if any, shall also stand dismissed. NINALA JAYASURYA,J Date:08.12.2025 Ssv 4 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 8751 OF 2018 Date:08.12.2025 Ssv