APHC010551942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28415/2025 Between: 1. SMT. GUWALA SAMPOORNA, W/O NAGARAJA, AGED ABOUT 39 YEARS, OCC HOUSE WIFE, RESIDENT OF CHEENEVANDLAPALLI H/O RAYAVARAM VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE MANDAL PARISHAD DEVELOPMENT OFFICER, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 3. THE EXECUTIVE OFFICER, , PANCHAYAT RAJ 86 RURAL DEVELOPMENT, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 4. THE RAYAVARAM GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 5. THE TAHSILDAR, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 6. SRI VADISALA SUBBARAMAIAH, S/O SUBBANNA, AGED ABOUT 40 YEARS, OCC RTC DRIVER, RESIDENT OF KADAPA TOWN AND MANDAL, YSR KADAPA DISTRICT. ...RESPONDENT(S): 2 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 topleased to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in trying to demolish the residential house made by the petitioner in the property admeasuring an extent of Ac.0.03 cents in Sy.No.831, situated in Cheenevandlapalli H/o Rayavaram Village, T.Sundupalli Mandal, Annamayya District which is subject matter of Possession Certificate bearing Ref.No.325/1415, dated 15-02-2012 without following due process of law is illegal, arbitrary, highhanded and violation of Article 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to demolish the residential house IA NO: 1 OF 2025 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 2 to 5 not to demolish the residential house made by the petitioner in the property admeasuring an extent of Ac.0.03 cents in Sy.No.831, situated in Cheenevandlapalli H/o Rayavaram Village, T.Sundupalli Mandal, Annamayya District, pending disposal of the Writ petition before this Honourable court Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28415/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 5 in trying to demolish the residential house made by the petitioner in the property admeasuring an extent of Ac.0.03 cents in Sy.No.831, situated in Cheenevandlapalli H/o Rayavaram Village, T.Sundupalli Mandal, Annamayya District, which is subject matter of Possession Certificate bearing Ref.No.325/1415, dated 15.02.2012 without following due process of law is illegal, arbitrary, highhanded and violation of Article 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to demolish the residential house and pass such other order.” 2. Heard learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 and 5, learned Standing Counsel for respondent Nos.2 and 4 and the learned Government Pleader for respondent No.3. 3. Learned counsel for the petitioner submits that the petitioner is in possession and enjoyment of the land admeasuring to an extent of Ac.0.03 cents in Sy.No.831 situated in Cheenevandlapalli H/o. Rayavaram Village, T.Sundupalli Mandal, Annamayya District. Recognizing the possession of the petitioner over the subject property, she was issued possession certificate by the then Tahsildar in respect of the land admeasuring to an extent of 4 Ac.0.03 cents in Sy.No.831 on 15.02.2012. Thereafter, the petitioner not constructed any house but she started construction recently at the subject land. While so, when the respondents are interfering with the possession and trying to remove the ongoing construction of the petitioner at the subject land, the petitioner herein preferred a Writ Petition No.17120 of 2025 on the file of this Court on the ground that without following due process of law, the respondents therein are trying to dispossess the petitioner and trying to remove the construction on the ground of unauthorized construction, which is contrary to law. After hearing the matter and after considering the material on record, this Court was pleased to pass an order, which is extracted hereunder: “Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, she cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1 ”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property, except by following due process of law. 5 With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.” 4. Pursuant to the order of this Court, the petitioner proceeded with the construction of the house, then the respondent- Gram Panchayat issued notice on 19.07.2025 in compliance of due procedure as directed by this Court, calling for explanation of the petitioner. After receipt of the notice, the petitioner submitted an explanation. But the respondent-Gram Panchayat not initiated any action. One of the villagers filed another Writ Petition No.27532 of 2025 challenging the inaction of respondent Nos.2 and 3 therein, and seeking appropriate action against illegal construction and encroachment of the public road by the petitioner herein. After hearing the matter and on perusal of the material on record, this Court was pleased to pass an order in W.P.No.27532 of 2025, which is extracted as under: “Considering the submissions made by learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondent Nos. 1 and 4 and the learned Standing counsel appearing for the respondent Nos.2 and 3 Gram Panchayat and on perusal of the material available on record, this Court is of the considered view that the writ petition can be disposed of by directing the respondent Nos.2 and 3 shall take further action in terms of Sections 121 and 75 of the Andhra Pradesh Gram Panchayat Raj and Rural Development Act, 1994, 6 by strictly adhering to the principles of natural justice, with reference to the notice dated 19.07.2025. Accordingly, the writ petition is disposed of. No costs” 5. The respondent-Gram Panchayat is taking steps to comply with the orders of this Court in W.P.Nos.27532 of 2025. Challenging the proposed action of the Gram Panchayat, the petitioner herein filed the present Writ Petition on the ground the Gram Panchayat is trying to demolish the subject property again and again without following due process of law. 6. On the other hand, learned Standing Counsel furnished written instructions on behalf of the 4th respondent/Gram Panchayat, wherein it is stated as follows: “It is submitted that the petitioner mentioned that the respondents trying to demolish the house of the petitioner the land in survey number 831 of Rayavaram Village is classified as gramakantam, the petitioner submitted that he has having possession certificate in survey No.831 with an extent of 0.03 cents in gramakantam issued by the then Tahsildar of T.Sundupalli Mandal dated 15.02.2012 has issued possession certificate in favour of petitioner, but as per revenue records no such possession certificate is registered in the records. The petitioner without obtaining any prior permission from Gramapanchayat have started constructing a house in survey Nos.831 & 829/3 with an extent of 0.01 7 cents & 0.015 cents, but as per the petitioner he is having possession certificate in survey No.831 with an extent of 0.03 cents, but he has encroached a public land in survey No.829/3 which is classified as Gramakantam.” 7. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents and on perusal of the material placed on record along with the Writ Petition as well as written instructions submitted by the 4th respondent, it appears that the petitioner was issued possession certificate to an extent of Ac.0.03 cents in Sy.No.831, but it is contended that same was not duly recorded in the revenue records. However, the fact remains that the petitioner is in possession of the subject property, basing upon the possession certificate issued by the then Tahsildar. The claim of the 4th respondent/Gram panchayat is that apart from the land in Sy.No.831, the petitioner has also occupied some extent of a public road in survey No.829/3 and made construction by clubbing the land in Sy.No.831 and 829/3. In fact land in survey No.829/3 is classified as public road/Gramakantam land, as such, the petitioner cannot be permitted to make any construction at the Government/Panchayat objectionable lands. It is settled law, no encroachments and constructions can be permitted against or on objectionable government lands that are public roads, lands earmarked as river banks, tank beds and open layout space 8 etc.,. Therefore, the issuance of notice dated 19.07.2025 and action proposed by the Gram Panchayat is in compliance of the order of this Court. Therefore, the same cannot be interdicted by this Court having directed to do so. 8. In view of the facts and circumstances as stated above, this Court is inclined to direct respondent No.4 herein to proceed further and initiated further action pursuant to the notice dated 19.07.2025, after having survey and demarcation as per the provisions of A.P. Survey and Boundaries Act, with the help of revenue people particularly Mandal Tahsildar/Surveyor. After having specific demarcation and after following due process, any encroachment was found the same can be removed to the extent of pubic road/Gramkantam, which is classified as objectionable land. As far as the land in Survey No.831 is concerned, respondent No.4 and other respondents shall follow due process as contemplated under the law and as per the ratio laid down by the Hon’ble Apex Court in the Government of Andhra Pradesh vs Thummala Krishna Rao & Another1. Till completion of survey and demarcation in respect of Sy.No.831 and 829/3, the 4th respondent is directed not to take any coercive steps against the alleged construction over the objectionable land which is classified as gramakantam land. 1 AIR 1982 SC 1081 9 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 15.10.2025 TTPPSS 10 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28415/2025 15.10.2025 TTPPSS