APHC010038402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2063/2023 Between: 1. JULEKHABEE, W/O.P.MAHABUB BASHA, AGE. 54 YEARS, OCC. HOUSE WIFE, R/O.2-1073, RAJIVA COLONY, GORANTLA VILLAGE AND MANDAL, HINDUPUR TALUQ, SRI SATYASAI DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPURI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, PUTTAPARTHY, SRI SATYASAI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, PUTTAPARTHY MANDAL, PUTTAPARTHY, SRI SATYASAI DISTRICT. 4. THE TAHSILDAR, GORANTLA, GORANTLA MANDAL, SRI SATYASAI 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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in not allowing the petitioner to raise construction in the respective plot No. 120 of the petitioner in Sy.No.271-2-4 of Gorantla Village and Mandal, Anantapur District (Sri Satyasai District) is illegal, arbitrary and in violation of Principles of Natural justice and in violation of Art.14, 21 and 300A of the Constitution of India and consequently direct the respondents not to obstruct the petitioner to raise construction in the respective plot No. 120 of the petitioner in Sy.No.271-2-4 of Gorantla Village and Mandal, Anantapur District (Sri Satyasai District) in the interest of justice 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 not to obstruct the petitioner to raise construction in the respective plot No. 120 of the petitioner in Sy.No.271-2-4 of Gorantla Village and Mandal, Anantapur District (Sri Satyasai District) in the interest of justice and to pass IA NO: 2 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 vacate the status quo order dated; 31.01.2023 in W.P. No. 2063 of 2023 and also dismiss the writ petition and pass Counsel for the Petitioner: 1. N PREMRAJ Counsel for the Respondent(S): 1. N PREMRAJ Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.2063 OF 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in not allowing the petitioner to raise construction in the respective plot No.120 of the petitioner in Sy.No.271-2-4 of Gorantla Village and Mandal, Anantapur District (Sri Satyasai District) is illegal, arbitrary and in violation of Principles of Natural justice and in violation of Art.14, 21 and 300A of the Constitution of India and consequently direct the respondents not to obstruct the petitioner to raise a construction in the respective plot No.120 of the petitioner in Sy.No.271-2-4 of Gorantla Village and Mandal, Anantapur District (Sri Satyasai District) in the interest of justice and to pass such other order or orders…” 2. Shorn of all facts, present writ petition is filed seeking a direction to the respondents not to obstruct the petitioner to raise a construction in the respective plot No.120 in Sy.No.271-2-4 of Gorantla Village and Mandal, Anantapur District (Sri Satyasai District). 3. Heard Sri N.Prem Raj, learned counsel for petitioner and learned Government Pleader for respondents. 4. This Court, by order dated 31.01.2023, directed the respondents to maintain status quo with regard to subject property of the writ petition as on the date of granting the interim direction. 5. Learned counsel for respondents filed counter-affidavit asserting that the petitioner has produced a fake house site patta and no house site patta was granted during the period from 2012-2016 by the Office of respondent No.4. It is further asserted that a notice from the 4th respondent has been issued to the petitioner to produce house site patta. Upon perusal of the house site patta filed by the petitioner i.e., H.S.R.Dis.No.47/2014-2014, dated 18.07.2014, it indicates that it was ostensibly granted in the fasli year 2014, then the corresponding Gregorian calendar year of the document is 2064. This discrepancy clearly establishes that the house site patta filed by the petitioner is fake patta, likely prepared by someone without proper revenue knowledge. However, the respondents stated in their counter-affidavit that they have never entered or tried to obstruct construction of the house, being constructed by the petitioner. 7. Therefore, the present Writ Petition is disposed of, directing the respondent authorities not to dispossess the petitioner or interfere with the petitioner’s peaceful possession of the subject property except in accordance with due process of law, as the law is well settled even the encroacher should not be evicted forcibly without following due procedure of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 28.11.2025 KBN/JAK 316 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.2063 of 2023 Date: 28.11.2025 KBN/JAK