APHC010249932023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13309/2023 Between: 1. KOLLAPU SRINIVASA RAO, S/O LATE NEELAKANTHAM, AGED. 6LYEARS, OCC. RTD EMPLOYEE, R/O DOOR NO. 23-31 MARUTHINAGAR LIST LANE, NARASANNAPETA TOWN AND MANDAL, SRIKAKULM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHYATRAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHYAT OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT. 3. THE ASSISTANT ENGINEER, , GRAMA PANCHYAT NARASANNAPETA, TOWN AND MANDAL, SRIKAKULAM DISTRICT 4. THE EXCUTIVE OFFICER, GRAMA PANCHYAT NARASANNAPETA, TOWN AND MANDAL, SRIKAKULAM DISTRICT. 5. THE VILLAGE SECRETARY, NARASANNAPETA GRAMA PANCHYAT , NARASANNAPETA TOWN AND MANDAL, 2 SRIKAKUALAM 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 to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 3 to 5 Respondents in threatening the petitioner to dismantle the front portion of the pucca house up to five (5) feet in side of the house , i.e in Sy No. 274/4 an extent of Ac.0.04 cents pucca house situated at Maruthinagar 1st lane Door No. 23-31, Narasannapeta Grama Panchyat and Mandal of Srikakulam district and bounded by East. Raghupatruni Jayalaxmi , South. C.0 Road (Raja Margam), West . Vendor's wet land , North. Jami Haranadham which is illegal, irregular, arbitrary, and contrary to law and violations of principals of Natural Justice and offends the rights of the petitioner under Article 300-A ,14, 21, of Constitution of India, and consequently direct the respondents not to interfere with petitioner's peaceful possession and enjoyment of the above said dwelling house , except in accordance with law, and subject to payment of compensation under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and without following any procedure under law 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 to direct the respondents not to dismantle the dwelling house of the petitioner, an extent of Ac 0.04 cents in Sy No.274/4 situated at Maruthi nagar 1st lane Door No. 23-31 in Narasannapeta Grama Panchyat and Mandal of Srikakulam District, pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER: Declaring the action of respondents in threatening the petitioner to dismantle the front portion of the pucca house bearing Dr.No.23-31 in an extent of Ac.0.04 cents in Sy.No.274/4 situated at Maruthinagar 1st lane, Narasannapeta Gram Panchayat and Mandal, Srikakulam District, as illegal and arbitrary, the present writ petition is filed. 2. There is no representation for the petitioner. Heard Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned Standing Counsel for Gram Panchayat on counter contended that a survey has been conducted by the revenue authorities and it is identified that the petitioner has encroached the Government land causing obstruction for widening CC road. He further submitted that the respondents would follow due process of law, accordingly, prayed to dismiss the writ petition. 4. A perusal of the record would indicate that this Court, on 12.05.2023, granted an interim order directing the respondent Nos.4 & 5 not to take any steps for evicting the petitioner from the subject land, except in accordance with law. The counter would indicate that a survey 4 has been conducted by the Tahsildar wherein it is found that the petitioner has encroached the government land. In view of the material available on record, as the respondents have an intention to take steps in accordance with law, there is no purpose in keeping the writ peititon pending, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondents are directed not to interfere with the subject property except under due process of law.” 5. 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: 05th December, 2025 RKS