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2025 DAILYLAW 56648 (AP)

DEVARAKONDA VENKATESHWARI v. THE STATE OF AP

WP/19344/2025 · 2025-12-21

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010383182025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. DEVARAKONDA VENKATESHWARI, S/O. D. RAMESH, AGED ABOUT 33 YEARS, R/O. H. NO. 16 BANUMUKKALA VILLAGE, BANAGANAPALLE MANDAL, NANDYALA DISTRICT. 2. DEVARAKONDA RAMESH,, S/O. D. PEDDA SUNKANNA, AGED ABOUT 37 YEARS, R/O. H. NO. 16 BANUMUKKALA VILLAGE, BANAGANAPALLE MANDAL, NANDYALA DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PR AND D DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI VILLAGE, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, NANDYALA DISTRICT, COLLECTORATE, NANDYALA TOWN AND DISTRICT. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF THE MPDO, BANAGANAPALLE VILLAGE AND MANDAL, NANDYALA DISTRICT. 4. THE GRAMA PANCHAYAT, BANAGANAPALLE VILLAGE, BANAGAPALLE MANDAL, NANDYALA DISTRICT REP BY ITS 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19344/2025 DEVARAKONDA VENKATESHWARI, S/O. D. RAMESH, AGED ABOUT 33 YEARS, R/O. H. NO. 16-207, RAMBHUPAL NAGAR, BANUMUKKALA VILLAGE, BANAGANAPALLE MANDAL, NANDYALA DEVARAKONDA RAMESH,, S/O. D. PEDDA SUNKANNA, AGED YEARS, R/O. H. NO. 16-207, RAMBHUPAL NAGAR, BANUMUKKALA VILLAGE, BANAGANAPALLE MANDAL, NANDYALA ...PETITIONER(S) AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PR AND D DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI VATI, GUNTUR DISTRICT, ANDHRA PRADESH. THE DISTRICT COLLECTOR, NANDYALA DISTRICT, COLLECTORATE, NANDYALA TOWN AND DISTRICT. THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF THE MPDO, BANAGANAPALLE VILLAGE AND MANDAL, NANDYALA THE GRAMA PANCHAYAT, BANAGANAPALLE VILLAGE, BANAGAPALLE MANDAL, NANDYALA DISTRICT REP BY ITS RC,J W.P.No.19344 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI DEVARAKONDA VENKATESHWARI, S/O. D. RAMESH, AGED 207, RAMBHUPAL NAGAR, BANUMUKKALA VILLAGE, BANAGANAPALLE MANDAL, NANDYALA DEVARAKONDA RAMESH,, S/O. D. PEDDA SUNKANNA, AGED 207, RAMBHUPAL NAGAR, BANUMUKKALA VILLAGE, BANAGANAPALLE MANDAL, NANDYALA ...PETITIONER(S) THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PR AND D DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI VATI, GUNTUR DISTRICT, ANDHRA PRADESH. THE DISTRICT COLLECTOR, NANDYALA DISTRICT, THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF THE MPDO, BANAGANAPALLE VILLAGE AND MANDAL, NANDYALA THE GRAMA PANCHAYAT, BANAGANAPALLE VILLAGE, BANAGAPALLE MANDAL, NANDYALA DISTRICT REP BY ITS RC,J W.P.No.19344 of 2025 2 PANCHAYAT SECRETARY . ...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 a Writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents, particularly the 3rd and 4th Respondents in trying to interfere with our possession and property located at Door No. 19-371-9 in Sy. No. 77-1B of Banumukkala Village, Banaganapalle Mandal of Nandyal District without any basis as illegal, arbitrary, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India consequently direct the Respondents to strictly adhere to law and due process if in any case they want to interfere with the Petitioners possession over the said house site and pass IA 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 direct the 3rd and 4th Respondents to not interfere with the possession of the Petitioners property located at Door No. 19-371-9 in Sy. No. 77-1B of Banumukkala Village, Banaganapalle Mandal of Nandyal District without following due process of law; and pass Counsel for the Petitioner(S): 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: RC,J W.P.No.19344 of 2025 3 ORDER The grievance of the petitioners is that the respondent authorities are trying to interfere with their possession of the property located at Door No.19- 371-9 in Survey No.77-1B of Banumukkala village, Banaganapalle Mandal, Nandyal District, by issuing notice dated 15.07.2025, without conducting any survey. 2. Heard Sri Varun Byreddy, learned counsel for the petitioners and Sri M.Sudheer, learned Standing Counsel for Gram Panchayat. 3. Sri M.Sudheer, learned Standing Counsel, would submit that the impugned notice may be treated as a show-cause notice and if the petitioners submit explanation, the same would be considered and a reasoned order would be passed by the Panchayat Authorities. 4. To the said submission, Sri Varun Byreddy, learned counsel for the petitioners, submitted that the petitioners would submit explanation to the notice. 5. In view of the submissions made by both the learned counsel, this writ petition is disposed of, granting liberty to the petitioners to submit their explanation to the impugned notice by enclosing all necessary documents in support of their claim within a period of four (04) weeks from the date of receipt of copy of this order. Upon receipt of such explanation, the authorities RC,J W.P.No.19344 of 2025 4 shall consider the same and pass a reasoned order after providing an opportunity of being heard to the petitioners, within a period of two (02) months thereafter. Till such time, the authorities shall not take any coercive steps against the subject property. If no such explanation is submitted by the petitioners, the authorities are at liberty to proceed in accordance with law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI DATED 22ND day of December, 2025. RR