Extracted from the PDF above. The PDF is authoritative.
APHC010635872025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32859/2025 Between:
1. B REVATHI, WIFE OF A. SUNEEL KUMAR, AGED 34 YEARS, OCC. HOUSE WIFE, RESIDENT OF DOOR. NO. 17-99, DIGUVA STREET, OLD PETA, CHANDRAGIRI, CHITTOOR DISTRICT. 2. A SUNEEL KUMAR,, S/O. A MUNI REDDY, AGED 39 YEARS, OCC. FARMER, RESIDENT OF D.NO. 17-90, DIGUVA STREET, OLD PETA, CHANDRAGIRI, CHITTOOR DISTRICT
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, TIRUPATI DISTRICT, TIRUPATI, ANDHRA PRADESH. 3. THE DISTRICT PANCHAYAT OFFICER, TIRUPATI DISTRICT, TIRUPATI, ANDHRA PRADESH. 2
4. THE TAHSILDAR, CHANDRAGIRI MANDAL, TIRUPATI DISTRICT. 5. THE CHANDRAGIRI GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, CHANDRAGIRI VILLAGE AND MANDAL, CHITTOOR 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 topleased to issue a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No. 5 in trying to dispossess the petitioners from their house situated in Door No. 17-119, Sy. No. 449-1B, an extent of 58.33 square yards, vide Assessment No. 3078, Chandragiri Village and Mandal, Tirupati District in order to grab subject property without issuing any prior notice or without following the due process of law, which is highly illegal, arbitrary and violation of articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not interfere with the peaceful possession and enjoyment of the subject property situated in Door No. 17-119, Sy. No. 449- 1B, an extent of 58.33 square yards, vide Assessment No. 3078, Chandragiri Village and Mandal, Tirupati District and to pass 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 are not to dispossess Petitioners from the subject property situated in Door No. 17-119, Sy.
No. 449-1B, an extent of 58.33 square yards, vide Assessment No. 3078, Chandragiri Village and Mandal, Tirupati District, without following the due process of law pending disposal of the above writ petition and to pass
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Counsel for the Petitioner(S):
1. PATHI SIVA PRASAD Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following Order:
To declare the action of the 5th respondent-Gram Panchayat in trying to dispossess the petitioners from their house admeasuring 58.33 Sq. yards, bearing Assessment No.3078, situated at Door No.17-119 in Sy.No.449-1B of Chandragiri Village and Mandal, Tirupati District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Pathi Siva Prasad, learned counsel for the petitioners, Sri M. Sudheer, learned Standing Counsel for the Gram Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3.
Learned counsel for the petitioners, while reiterating the contents of the affidavit, submitted that when the respondent authorities tired to interfere with petitioners’ possession without following due process of law, the present writ petition has been filed. This Court, by taking into consideration the material
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available on record, granted an order of status-quo to be maintained as on that date. As such, prayed to pass appropriate orders protecting the interest of the petitioner.
4. Learned Standing Counsel, on instructions, submitted that the Gram Panchayat is not interfering with the petitioners’ property, as alleged by the petitioners in the present writ petition. He further submitted that if the Gram Panchayat intends to acquire the subject property for any public purpose, the same would be done in accordance with law. As such, prayed to dismiss the writ petition.
5. Taking the submissions of learned Standing Counsel into
consideration, there is no purpose in keeping the writ petition pending inviting counter affidavit and this Court is inclined to dispose of the writ petition by passing the following order:
“The respondent authorities are directed not to interfere with or dispossess the petitioners’ from their house admeasuring 58.33 Sq. yards, bearing Assessment No.3078, situated at Door No.17-119 in Sy.No.449-1B of Chandragiri Village and Mandal, Tirupati Distric0074, except in accordance with law.”
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6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________
JUSTICE RAVI CHEEMALAPATI
Date: 08.12.2025 ANS
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337 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 32859/2025
Date: 08.12.2025 ANS