APHC010374382020 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. GAMIDI RAMA TULASAMMA, W/O. LATE PULLAIAH D.NO.1 RAJAVEEDHI, 2ND WARD, GUNDUGOLANU VILLAGE, BHIMADOLE MANDAL, WEST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT AT ELURU. 3. THE MANDAL PRAJA PARISHATH DEVELOPMENT OFFICER, BHIMADOLE MANDAL, WE 4. THE TAHSILDAR, BHIMADOLE MANDAL, WEST GODAVARI DISTRICT. 5. THE DUDDEPUDI GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY-CUM VILLAGE, BHIMADOLE MANDAL, WEST GODAVARI DISTRICT. 6. THE KONDURUPADU GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY KONDURUPADU VILLAGE, BHIMADOLE MANDAL, WEST IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24961/2020 GAMIDI RAMA TULASAMMA, W/O. LATE PULLAIAH D.NO.1 RAJAVEEDHI, 2ND WARD, GUNDUGOLANU VILLAGE, BHIMADOLE MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT THE MANDAL PRAJA PARISHATH DEVELOPMENT OFFICER, BHIMADOLE MANDAL, WEST GODAVARI DISTRICT. THE TAHSILDAR, BHIMADOLE MANDAL, WEST GODAVARI THE DUDDEPUDI GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT CUM- EXECUTIVE AUTHORITY, DUDDEPUDI VILLAGE, BHIMADOLE MANDAL, WEST GODAVARI DISTRICT. KONDURUPADU GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY-CUM- EXECUTIVE AUTHORITY, KONDURUPADU VILLAGE, BHIMADOLE MANDAL, WEST IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI GAMIDI RAMA TULASAMMA, W/O. LATE PULLAIAH D.NO.1-159/1, RAJAVEEDHI, 2ND WARD, GUNDUGOLANU VILLAGE, BHIMADOLE ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT THE MANDAL PRAJA PARISHATH DEVELOPMENT OFFICER, THE TAHSILDAR, BHIMADOLE MANDAL, WEST GODAVARI THE DUDDEPUDI GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT EXECUTIVE AUTHORITY, DUDDEPUDI VILLAGE, BHIMADOLE MANDAL, WEST GODAVARI DISTRICT. KONDURUPADU GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY, KONDURUPADU VILLAGE, BHIMADOLE MANDAL, WEST RC,J W.P.No.24961 of 2020 2 GODAVARI 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly the 5th respondent in issuing Notice dated 19.11.2020 and insisting petitioner to vacate from her house site property of Ac. 0.05 Cents in Sy.No.87/1 of Kodurupadu Revenue Village, behind panchayat office in Bhimadole Mandal of West Godavari District, for the purpose of granting the same as house sites to third parties, as illegal, irregular, arbitrary, without jurisdiction, without any authority of law or sanction of law, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners possession over her said house site property and pass Prayer is amended as per CO dt 16/11/2022 vide IA 01/2022 IA NO: 1 OF 2020 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 interfere in any manner with petitioner’s possession over her house site property of Ac. 0.05 Cents in Sy.No.89/3 of Kodurupadu Revenue Village, behind panchayat office nor grant the same as house sites to third parties, pending disposal of the main Writ Petition and pass IA NO: 1 OF 2021 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 Pleased to vacate the interim orders granted on 24-12-2020 in W.P.No. 24961/2020 and dismiss the Writ Petition and pass IA NO: 1 OF 2022 RC,J W.P.No.24961 of 2020 3 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 permit the petitioner to amend the main & interim relief in WP No. 24961 of 2020 by substituting to permit the petitioner to amend of the main & interim relief claimed in the WP No. 24961 of 2020 by substituting "declaring the action of respondents particularly the 5th respondent in issuing Notice dt. 19.11.2020 and insisting the petitioner to vacate from her house site property of Ac. 0.05 Cents in Sy. No. 87/1of Kondurupadu Revenue Village, behind Panchayat Office in Bhimadole Mandal of West Godavari District, for the purpose of granting the same as house sites to third parties, as illegal, irregular, arbitrary, without jurisdiction, without any authority of law or sanction of law, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioner's possession over her said house site property 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 grant leave to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: ORDER RC,J W.P.No.24961 of 2020 4 This writ petition is filed questioning the notice issued by respondent no.5 dated 19.11.2020 directing the petitioner to vacate her house site in an extent of Ac.0-05 cents in Survey No.89/3 of Kodurupadu Revenue Village, Bhimadole Mandal, West Godavari District, being arbitrary, without jurisdiction and in violation of principles of natural justice. 2. Heard Smt. Nimmagadda Revathi, learned counsel for the petitioner, and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, and Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat. 3. Smt.Nimmagadda Revethi, learned counsel for the petitioner, while reiterating the contents of the writ affidavit submitted that the petitioner submitted an explanation dated 23.11.2020 to the impugned notice and she is restricting the relief sought in the writ petition to the extent of considering the explanation submitted by the petitioner dated 23.11.2020, received by the authorities on 25.11.2020 , before initiating any action against the subject property. 4. Learned Assistant Government Pleader and the learned Standing Counsel, reported no objection for granting the restricted relief. 5. The material would indicate that the petitioner submitted explanation dated 23.11.2020 to the impugned notice and the same has duly been RC,J W.P.No.24961 of 2020 5 received by the authorities on 25.11.2020. By restricting the relief, the learned counsel for the petitioner sought a direction to the authorities to consider the explanation of the petitioner before proceeding further with regard to the subject property. 6. The restricted relief being innocuous and as the other side reported no objection, this writ petition, without going into merits of the matter, can be disposed of. 7. Accordingly, the writ petition is disposed of, directing the authorities to consider the representation/explanation submitted by the petitioner dated 23.11.2020 and if necessary by giving an opportunity of being heard to the petitioner pass a reasoned order thereon and communicate the same to the petitioner. Till completion of such exercise, no coercive steps shall be taken against the subject property. In case, the petitioner is found liable to be evicted, the same shall be done strictly in accordance with law and by following the due procedure contemplated under law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 28th November, 2025. RR