APHC010003682023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 196/2023 Between: 1. KARE VENKATESU, S/O. KARE LINGAPPA, AGED 56 YEARS, OCC. AGRICULTURE, RESIDING AT D.NO.2 RAPTADU MANDAL, ANANTAPURAMU DISTRICT 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ SECRETARIAT, AMARAVATI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, ANANTAPURAMU, ANANTAPURAMU DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, ANANTAPURAMU, ANANTAPURAMU DISTRICT. 4. THE GRAM PANCHAYAT BOG SECRETARY, BOGINEPALLI VILLAGE, RAPTADU MANDAL, ANANTAPURAMU DISTRICT. 5. THE TAHSILDAR, RAPTADU MANDAL, ANANTAPURAMU DISTRICT. 6. THE STATION HOUSE OFFICER, RAPTADU POLICE STATION, RAPTADU MANDAL, ANANTHAPURAMU 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 196/2023 KARE VENKATESU, S/O. KARE LINGAPPA, AGED 56 YEARS, OCC. AGRICULTURE, RESIDING AT D.NO.2-127, BOGINEPALLI VILLAGE, RAPTADU MANDAL, ANANTAPURAMU DISTRICT ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH. THE DISTRICT COLLECTOR PANCHAYAT WING, ANANTAPURAMU, ANANTAPURAMU DISTRICT. THE DISTRICT PANCHAYAT OFFICER, ANANTAPURAMU, ANANTAPURAMU DISTRICT. THE GRAM PANCHAYAT BOGINEPALLI, REP. BY ITS PANCHAYAT SECRETARY, BOGINEPALLI VILLAGE, RAPTADU MANDAL, ANANTAPURAMU DISTRICT. THE TAHSILDAR, RAPTADU MANDAL, ANANTAPURAMU DISTRICT. THE STATION HOUSE OFFICER, RAPTADU POLICE STATION, RAPTADU MANDAL, ANANTHAPURAMU 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 IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY, THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KARE VENKATESU, S/O. KARE LINGAPPA, AGED 56 YEARS, OCC. 127, BOGINEPALLI VILLAGE, ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, AND RURAL DEVELOPMENT DEPARTMENT, THE DISTRICT COLLECTOR PANCHAYAT WING, ANANTAPURAMU, THE DISTRICT PANCHAYAT OFFICER, ANANTAPURAMU, INEPALLI, REP. BY ITS PANCHAYAT SECRETARY, BOGINEPALLI VILLAGE, RAPTADU MANDAL, THE TAHSILDAR, RAPTADU MANDAL, ANANTAPURAMU DISTRICT. THE STATION HOUSE OFFICER, RAPTADU POLICE STATION, ...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 2 pleased to issue an appropriate writ or order more particularly one in nature of Writ of Mandamus declaring the action of the respondents especially respondent Nos.4 to 6 in interfering with the petitioner's peaceful possession and enjoyment of the house and land admeasuring Ac.0.091/2 cents bearing H.No.2/127 in Survey No.189/1 situated at Boginepalli Village and Gram Panchayat, Raptadu Mandal, Anantapuram District as illegal, arbitrary and against the principles of natural justice and consequently direct the 4th respondent to consider his application for construction of house in the appurtenant land bearing H.No.2/127 of Boginepalli Village, Raptadu Mandal, Anantapuram District, and to 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 especially respondent Nos.4 to 6 not to interfere with his construction activity in the appurtenant land of bearing H.No.21127 in Survey No.189/1 situated at Boginepalli Village and Gram Panchayat, Raptadu Mandal, Anantapuram District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: Aggrieved by the action of the respondent Nos.4 to 6 in interfering with the petitioner’s peaceful possession and enjoyment of the house and land admeasuring Ac.0.09½ cents bearing H.No.2/127 in Survey No.189/1 situated at Boginepalli Village & Gram Panchayat, Raptadu Mandal, Anantapuram District, the present Writ Petition has been filed. 2. Heard Sri Seshadri Golla, learned counsel for the petitioner, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue and Sri M.Sudhir, learned standing counsel for Gram Panchayat. 3. The record discloses that this Court granted interim order on 04.01.2023. The same reads as follows: “In the meantime, the respondents are directed not to interfere and not to dispossess the petitioner from the subject property without following due process of law.” 4. This Writ Petition was filed on 03.01.2023 and interim orders were granted on 04.01.2023. Despite lapse of considerable time, the respondent authorities have neither placed instructions nor filed a counter-affidavit so far. 5. In view of the above, as the respondent authorities did not choose to file counter so far, there is no purpose in keeping this Writ Petition pending inviting counter. As such, this Court is inclined to dispose of this Writ Petition making the interim orders as final orders. 4 6. Accordingly, the Writ Petition is disposed of, directing the respondent Nos.4 to 6 not to interfere with the petitioner’s peaceful possession and enjoyment of the of house and land admeasuring Ac.0.09½ cents bearing H.No.2/127 in Survey No.189/1 situated at Boginepalli Village & Gram Panchayat, Raptadu Mandal, Anantapuram District, except under due process of law. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 04.11.2025 MP 5 214 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.196 of 2023 04.11.2025 MP