APHC010280512023 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: 14499/2023 Between: 1. MUNTIMADUGU IMAM SAB @ IMAMAPPA, S/O M.DASTHAGIRI , AGED ABOUT 62 YEARS, OCC. RETIRED EMPLOYEE, R/O D.NO 9- 95, KOTHACHERUVU VILLAGE AND MANDAL, ANANTHAPUR DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTHAPUR, ANANTHAPUR DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, , ANANTHAPUR, ANANTHAPUR DISTRICT. 4. THE DIVISIONAL PANCHAYAT OFFICERCUMEXTENSION OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, PENUKONDA, ANANTHAPUR DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, KOTHACHERUVU MANDAL, ANANTHAPUR DISTRICT. 6. THE TAHSILDAR, KOTHACHERUVU MANDAL, ANANTHAPUR DISTRICT. 7. THE KOTHACHERUVU GRAIN PANCHAYAT, REP. BY ITS 2 EXECUTIVE AUHTORITY-CUM- PANCHAYAT SECRETARY, KOTHACHERUVU VILLAGE AND MANDAL, ANANTHAPUR DISTRICT. 8. THE CIRCLE INSPECTOR, KOTHACHERUVU POLICE STATION, KOTHACHERUVU VILLAGE AND MANDAL, ANANTHAPUR DISTRICT. 9. THE STATION HOUSE OFFICER, KOTHACHERUVU POLICE STATION, KOTHACHERUVU VILLAGE AND MANDAL, ANANTHAPUR 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 or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 4 to 7 in trying to demolishing the structures of the Petitioner residential house vide D.No 7-95 an extent of 1298 Sq. feet situated at Kothacheruvu Revenue Village and Mandal, Sri Satya Sai District is illegal, arbitrary and violation of principles of natural justice and Consequently direct the respondent 4 to 7 not to demolish the Petitioner residential house property vide D.No 7-95 an extent of 1298 Sq. feet situated at Kothacheruvu Revenue Village and Mandal, Sri Satya Sai District 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 4 to 7 not to demolish the Petitioner residential house property vide D.No 7-95 an extent of 1298 Sq. feet situated at Kothacheruvu Revenue Village and Mandal, Sri Satya Sai District and pass IA NO: 1 OF 2024 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 grant leave to the petitioners/ Respondent Nos.5 85 7 to file counter in W.P.No. 14499/2023 in the interest of justice and pass Counsel for the Petitioner: 1. K SRINIVAS 3 Counsel for the Respondent(S): 1. GP FOR HOME 2. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Declaring the highhanded action of the respondent Nos.4 to 7 in trying to dispossess the petitioner by demolishing the structures of his residential house vide D.No.7-95 in an extent of 1298 sq. feet situated at Kothacheruvu Revenue Village and Mandal, Sri Satya Sai District, without following due process of law, as illegal, arbitrary, the present writ petition is filed. 2. Heard Ms.J.Anjani Priya, learned counsel representing Sri K.Srinivas, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, appearing for the respondents. 3. Leaned Standing Counsel for Gram Panchayat, on instructions, submits that the Gram Panchayat is not interfering with the subject property. 4. Learned Assistant Government Pleader for Revenue, on instructions, submits that the petitioner has encroached 2 feet of Government poramboke land and they are taking steps to survey the same to identify the encroachment and to take steps and in that process the authorities would follow law. 5. In view of the submissions made by the respective counsels, as revenue authorities have intention to follow law before removing encroachments, if any, 4 and as there is no purpose in keeping the writ petition pending, this court is of the opinion to dispose of the same with the following direction:- “The respondents are directed not to interfere with the subject property except under due process of law.” 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. JLV 5 316 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14499/2023 Date: 08.12.2025. JLV