IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) ^ WEDNESDAY, THE FIFTH DAY OF FEBRUARY |* TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2926 OF 2025 % Between: Kilaram Gopala Krishna, S/o. Nancharaiah, aged about 40 years, R/o. D. No. 8-180, Line Bazar, South Valluru, Thotlavalluru village and Mandal, Krishna District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Guntur District, AP. 2. The Superintendent of Police, Krishna District SP Office, Reserve Police Quarters, Machilipatnam, 521002 3. The SHO, Penamaluru Police Station, Penamaluru Police Station, Kanuru Road, Ashok Nagar, Vijayawada-520007. 4. The District Registrar, District Registrar Office, Ramanaidu, Machilipatnam, Krishna District, A.P. 5. The YSR Tadigadapa Municipality, Rep. by Municipal Commissioner Near Old Panchayat office. Bandar Road, Poranki, Krishna District, A.P ...RESPONDENTS 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 pass orders, to issue writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the in-action of the Respondent Nos.2 to 5 in considering my representation dated 08- 11-2024 and 23-01-2025, pertaining to protecting my valuable property rights in the property covered by 209 Sq. yards covered by Plot No. 69, situated in R.S. No. 8/5, 8/40 covered by L.P. No. 9/2004/VJA, which is a VGTUDA approved layout, in Poranki village, as violative of Articie-14, 21 and 300A of the Constitution of India, thereby direct the Respondent Nos. 2 to 5, ’to consider my representation dated 08-11-2024 and 23-01-2025 made to the Respondent Nos. 2 to 5 as expeditiously as possible by following due process of law and conclude the enquiry and the investigation in accordance with the procedure established by law, in the interest of Justice. lA 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 to pass interim orders directing the Respondent Nos. 2 to 5, to initiate the process of enquiry and investigation into the matter in pursuance of the representation s dated 08-11-2024 and 23-01-2025 in accordance with the procedure established by law in the interest of justice. Counsel for the Petitioner: SRI ANIL KUMAR DASARI Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.5: SRI A.S.C.BOSE, SC FOR MUNICIPALITIES The Court made the following: ORDER APHC010047132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2926/2025 Between: ...PETITIONER Kilaram Gopala Krishna AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ANIL KUMAR DASARl Counsel for the Respondent{S): 1.GP FOR HOME 2.GP FOR REGISTRATION AND STAMPS The Court made the following: f ORDER: learned counsel for the petitioner, without touching the direction to the respondents his land without following due process of During hearing merits of the case, requested this Court to issue a not to dispossess the petitioner from 1. law. Learned counsel appearing for the respondents, admitted that the petitioner is continuing in possession of his land and the respondents authorities would follow due process 2. of law and requested to pass appropriate orders. 3. When the petitioner is in settled possession and enjoyment of the not entitled to interfere with their possession and such highhanded action of the depriving the petitioner’s violating constitutional property, the respondents are and enjoyment of the petitioner respondents would amount to right guaranteed under Article 300-A of the Constitution of India, besides of India. Even assuming for a moment violation of Article 14 of the Constitution that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law Rame Gowda (dead) by L.Rs. v. declared by the Apex Court in M.Varadappa Naidu (Dead) by L.Rs. when the petitioner is in settled 2004(1) see 769 enjoyment of the property, he cannot be dispossessed without following due process of law. possession and 4. Further, Respondent No.5 is directed to consider the representation of dated 08.11.2024 and dispose the same in accordance with law the petitioner within four weeks from the date of receipt of copy of this order. 5. Till disposal of the representation of the petitioner, the respondents are directed not to dispossess the petitioner from his property, except by due process of law. above direction, the writ petition is disposed of, with the 6. With the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand 7. closed. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR i// //TRUE COPY// CTOIN OFFICER SE To, Principal Secretary, Home Department, State of Andhra Pradesh, 1. The A.P. Secretariat, Velagapudi, Guntur District, AP. 2. The Superintendent of Police, Krishna District SP Office, Reserve Police Quarters, Machilipatnam, 521002 SHO, Penamaluru Police Station, Penamaluru Police Station, Kanuru Road, Ashok Nagar, Vijayawada-520007. 4. The District Registrar, District Registrar Office, Ramanaidu, Machilipatnam, Krishna District, A.P. 5. The Municipal Commissioner, YSR Tadigadapa Municipality, Near Old Panchayat office. Bandar Road, Poranki, Krishna District, A.P 6. One CC to Sri Anil Kumar Dasari, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipalities[OPUC] 3. The \ '8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb > HIGH COURT DATED:05/02/2025 ORDER AND/y^ 15 FEB 2025 . Current Section . ^ ^s^spatcva€$,^5 WP.No.2926 of 2025 o Co DISPOSING OF THE W.P. WITHOUT COSTS