APHC010251792023 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: 17306/2023 Between: 1. PUSAM PRABHAKAR,, S/O. BHOGESWARA RAO, HINDU, MALE, AGED 30 YEARS, R/O. D. NO.1-72, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 2. MODIYAM NAGABABU,, S/O. MUNESWARA RAO, HINDU, MALE, AGED 35 YEARS, R/O. D. NO. 2-71, PAMULAVARIGUEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 3. BARAGADA RAVI,, S/O. SURYACHANDRAM, HINDU, MALE, AGED 30 YEARS, R/O. D. NO.1-27, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 4. NUPA UDAY KRISHNA KUMAR,, S/O. JOGARAO, HINDU, MALE, AGED 30 YEARS, R/O. D. NO.2-26, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 5. GUJJU RAMBABU,, S/O. NARASIMHA RAO, HINDU, MALE, AGED 35 YEARS, R/O. D. NO.1-65, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI 2 MANDAL, WEST GODAVARI DISTRICT. 6. TELLAM SAROJINI,, W/O. MUTHYALARAO, HINDU, FINALE, AGED 50 YEARS, R/ O. D. NO.2-56, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 7. MODIYAM RAMESH,, S/O. MUNESWARA RAO, HINDU, MALE, AGED 34 YEARS, R/O. D. NO.1-36, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 8. BADISA MAHESH, , S/O. DEVARAJU, HINDU, MALE, AGED 31 YEARS, R/O. D. NO.1-23, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 9. PANDU VENKATALAKSHMI,, W/O. GANGA RAJU, HINDU, FEMALE, AGED 43 YEARS, R/O. D. NO.1-55, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 10. PANDU CHANDINI, , W/O. DURGARAO, HINDU, FEMALE, AGED 28 YEARS, R/O. D. NO.1-12, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 11. GUJJU RAMBABU,, S/O. DURGA RAO, HINDU, MALE, AGED 35 YEARS, R/O. D. NO.3-65, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 12. PANDU RAJU, , S/O. PEDDA RAMUDU, HINDU, MALE, AGED 37 YEARS, R/O. D. NO.2-44, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 13. GUJJU SUBBALAKSHMI,, W/O. BHOGARAJU, HINDU, FEMALE, AGED 54 YEARS, R/O. D. NO.1-14, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI 3 DISTRICT. 14. PANDU CHUKKAMMA,, W/O. GANGARAJU, HINDU, FEMALE, AGED 50 YEARS, R/O. D. NO.1-16, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 15. NUPA CHUKKAMMA,, W/O. JOGA RAO, HINDU, FINALE, AGED 54 YEARS, R/ O. D. NO.1-19, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 16. KORSA PADMA, , W/O. VENKANNA BABU, HINDU, FEMALE, AGED 39YEARS, R/O. D. NO.1-22, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 17. KOVVASI KUMARI,, W/O. SURYACHANDRAM, HINDU, FEMALE, AGED 47 YEARS, R/O. D. NO.2-45, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 18. GAGGULOTHU POSAMMA,, W/O. KOSHORE, HINDU, FEMALE, AGED 30 YEARS, R/O. D. NO.3-65, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 19. LAVIDIYA LAKSHMI,, W/O. SUGUNA RAO, HINDU, FEMALE, AGED 42 YEARS, R/O. D. NO.3-54, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 20. BUKYA JYOTHI PRASANNA,, W/O. LAKSHMUDU, HINDU, FEMALE, AGED 38 YEARS, R/O. D. NO.2-75, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 21. LAVIDIYA SOWBHAGYA RANI,, W/O. RAMULU, HINDU, FEMALE, AGED 35 YEARS, R/O. D. NO.3-46, 4 PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 22. GAGGULOTHU NAGESWARA RAO,, S/O. AMBARIYYA, HINDU, MALE, AGED 69 YEARS, R/ O. D. NO.1-29, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 23. BUKYA SAVITHRI,, W/O. NAGESWARA RAO, HINDU, FEMALE, AGED 38 YEARS, R/ O. D. NO.3-28, PAMULAVARIGUCLERN VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 24. GUJJU VENKATA RAO,, S/O. SANKURUDU, HINDU, MALE, AGED 55 YEARS,R/O.D.NO.1-89,PAMULAVARIGUDEM VILLAGE,SWARNAVARIGUDEM REVENUE,JEELUGUMILLI MANDAL,WEST GODAVARI DISTRICT. 25. GUJJU VARALAKSHMI,, W/O. SITHA RAMUDU, HINDU, FEMALE, AGED 50 YEARS, R/O. D. NO.2-69, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 26. GUJJU DUGGIRAJU,, S/O. SANKURUDU, HINDU, MALE, AGED 53 YEARS, R/ O. D. NO.3-67, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 27. MODIYAM MUNESWARA RAO,, S/O. SITHA RAMUDU, HINDU, MALE, AGED 54 YEARS, R/O. D. NO.1-65, PAMULAVARIGUDEM VILLAGE, SWARNAVARIGUDEM REVENUE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS THE PRINCIPAL SECRETARY, 5 PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTURU DISTRICT. 2. THE SECRETARY, GRAM PANCHAYAT, SWARNAVARIGUDEM VILLAGE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 3. THE DISTRICT PANCHAYAT OFFFICER, ELURU, WEST GODAVARI DISTRICT. 4. THE DISTRICT COLLECTOR, , ELURU, WEST GODAVARI DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, , JEELUGUMILLI, WEST GODAVARI DISTRICT. 6. THE TAHSILDAR, TAHSILDAR OFFICE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. 7. THE MANDAL PARISHAT DEVELOPMENT OFFICER, , MPDO OFFICE, JEELUGUMILLI, JEELUGUMILLI MANDEL, WEST GODAVARI DISTRICT. 8. THE STATE OF ANDHRA PRADESH, REP. BY ITS THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTURU DISTRICT. REV. ...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 Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in trying to dispossess from their lands for an extent of acres 27-00 cents in Survey Nos. 198 and 197. by 2nd respondent without following Provision of Andhra Pradesh Land Acquisition Act, 1894, without giving any notice, situated at Swarnavarigudem Village, Jeelugumilli Mandal, West Godavari District at present Eluru District and set aside the illegal proceedings of 2nd respondent, under Land Acquisition Act with intention to wrongful loss to the petitioner on the ground of 'Road extension', as illegal, improper, unjust, arbitrary, violative 6 of Article 300-A and 21 of the Constitution of India and consequently suspend the proceedings 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 to 2nd Respondent not to dispossess the petitioners from their agricultural lands for an extent of acres 27-00 cents in R.S. Nos. 198 86 197, without due course of law, situated in Swarnavari gudem Village, Jeelugumilli Mandal, West Godavari District at present Eluru District under Land Acquisition Act, pending disposal of the above Writ Petition as pass Counsel for the Petitioner(S): 1. GANDHAM SR PRASAD 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: 7 ORDER: Declaring the action of the respondents in trying to dispossess the petitioners from their agricultural lands to an extent of Ac.27.00 cents in Sy.No.197 & 198 of Swarnavarigudem Village, Jeelugumilli Mandal, West Godavari District, without following the provisions of Andhra Pradesh Land Acquisition Act, 1894 and without giving any notice as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Gandhan S.R.Prasad, learned counsel for the petitioners, 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 counsel for the petitioner while reiterating the contents of the affidavit contended that the when the respondent authorities tried to dispossess the petitioners from the subject lands, they filed the present writ petition and this Court, on 03.08.2023 granted an interim order directing the respondents not to take any coercive steps against the petitioners’ subject property and prayed to dispose of the writ petition treating interim orders as final orders. 4. On the other hand, learned Standing Counsel for Gram Panchayat on written instructions dated 05.12.2025 submitted that the Gram Panchayat was not interfering or trying to evict the petitioners from the 8 subject property, the writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. Taking their submissions into consideration, as the respondents are not interfering with the possession of the petitioners’ subject property and in view of the interim orders passed by this Court on 03.08.2023, there is no purpose in keeping the writ petition pending inviting counter, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondents are directed not to take any coercive steps against the petitioners’ 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: 05th December, 2025 RKS