APHC010315572023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16222/2023 Between: 1. PATAMSETTI NAGESWARA RAO, AGED ABOUT 70 YEARS, S/O SURYANARAYANA, OCC CULTIVATION R/O D.NO.3-70, ANANTHAPALLI, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE ANANTHAPALLI GRAMA PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. 3. KALUKURTI ANANDA RAO, ASSISTANT SECRETARY, ANANTHAPALLI GRAM PANCHAYAT, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT 4. THE TAHSILDAR, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. 2 5. GADDE NARASIMHA RAO, , S/O APPARAO, AGED ABOUT 74 YEARS, OCC. CULTIVATION R/O D.NO.5-93, ANANTHAPALLI VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. 6. KOMMERA NAGESWARA RAO, S/O APPARAO, AGED ABOUT 70 YEARS, OCC. CULTIVATION, R/O D.NO.3- 114, ANANTHAPALLI VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT 7. CHINTA APPA RAO, S/O CHENDRAYYA, AGED ABOUT 68 YEARS, OCC. CULTIVATION R/O D.NO.3-65, ANANTHAPALLI VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. 8. PRATTI MADDULMMA, D/O GAGGALA NARASAMMA, AGED ABOUT 50 YEARS, OCC. HOUSEWIFE R/O D.NO.3-92, ANANTHAPALLI VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI 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 of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondents more particularly the Respondent Nos.2 to 4 in illegally interfering with the possession and enjoyment of the Petitioner over the subject property admeasuring an extent of 207 Sq.Yards in R.S.No.447/2 of Ananthapalli Village, Nallajerla Mandal, East Godavari District including an R.C.0 Building bearing Door.No.3-85 and easementary rights over 'Raja Veedhi' without issuing any notice and without following due process of law as being illegal, arbitrary and without jurisdiction, in violation of Article 14, 21 and 300A of the Constitution of India and Consequently direct the Respondent Nos.2 to 4 not to interfere with the possession, occupation and enjoyment of the Petitioner over the subject 3 property admeasuring an extent of 207 Sq.Yards in R.S.No.447/2 of Ananthapalli Village, Nallajerla Mandal, East Godavari District including an R.C.0 Building bearing Door.No.3-85 and easementary rights over 'Raja Veedhi' and pass IA NO: 1 OF 2023 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 Respondent Nos.2 to 4 not to interfere with the possession, occupation and enjoyment of the Petitioner over the subject property admeasuring an extent of 207 Sq.Yards in R.S.No.447/2 of Ananthapalli Village, Nallajerla Mandal, East Godavari District including an R.C.0 Building bearing Door.No.3-85 and easementary rights over 'Raja Veedhi' and pass Counsel for the Petitioner: 1. AJAY KUMAR KANAPARTHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following Order: Challenging the action of respondent Nos.2 to 4 in trying to interfere with the possession and enjoyment of the petitioner over the land admeasuring 207 Sq. yards situated in Sy.No.447/2 of Ananthapalli Village, Nalljerla Mandal, East Godavari District, including an RCC Building bearing Door.No.3-85 and 4 easementary rights over ‘Raja Veedhi’, without issuing any notice and without following due process of law, the present writ petition is filed. 2. Heard Sri Ajay Kumar Kanaparthi, learned counsel for the petitioner and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that the respondent authorities, without following due process of law and without issuing any prior notice, are continuously trying to interfere with the petitioner’s possession, despite having been informed that the subject property is the suit schedule property in O.S.No.305 of 2022, which is pending consideration. If such highhanded action is allowed to continue, it affects the rights of the petitioner. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. Learned Standing Counsel and learned Assistant Government Pleader in one voice contended that, when the petitioner has already approached appropriate Court and filed O.S.No.305 of 2022 on the file of Additional Judicial Magistrate of 5 First Class, Tadepalligudem, knocking the doors of this Court under Article 226 of constitution of India and filing a writ petition as against the very same subject property does not arise. Therefore, the writ petition is not maintainable and deserves dismissal. 5. Perused the record and considered the submissions of respective parties. 6. The main grievance of the petitioner is that the respondent authorities, without following due process of law and without issuing any prior notice, are interfering with the petitioner’s possession. It is not in dispute that there is already a civil suit filed by the petitioner vide O.S.No.305 of 2022 on the file of the Additional Judicial Magistrate of First Class, Tadepalligudem. It is also not in dispute no injunction has been granted so far. As such, this Court is not inclined go into the merits and demerits of the case and decide whether the petitioner is in possession of the subject property or not. The petitioner has to redress his grievance before the competent civil Court, in the pending suit. 7. It is a well settled law that a writ Court should not interfere in the matter where suit or any other proceeding is pending 6 before the lower court or forum seeking same releif. In view of the same, the Writ Petition is disposed of, granting liberty to the petitioner to pursue his remedies before the Court below in pending suit. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI Date: 31.12.2025 ANS 7 39 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16222/2023 Date: 31.12.2025 ANS