IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2934 OF 2025 Between: 1. Gongadi Sambasiva Rao, S/o. Suryanarayana, Age 65 years, R/o. D. No. 5-70 Ponangi, Eluru Mandal, Eluru District. 2. Gongadi Keshav Rao, S/o. Suryanarayana Age 75 years, R/o. D. No. 21-12, Panduranga Peta Goods Shed Road, Elurur Mandal, Eluru District. 3. Gongadi Nageswar Rao, S/o. Suryanarayana R/o. D. No. 9-4|Age years. Ponangi, Eluru Mandal, Eluru District. 4. Gongadi Balarama Swamy, S/o. Suryanarayana Age 85 years, R/o. D. No. 5-77 Ponangi, Eluru Mandal, Eluru District. 67 ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department Secretariat, Velagapudi, Guntur District. 2. Eluru Municipal Corporation, Eluru, Eluru District Rep by its Commissioner. 3. The Assistant City Planner, Eluru Municipal Corporation Eluru, Eluru District. 4. The Town Planning Officer, Circle 1 Eluru Municipal Corporation Eluru, Eluru District. ...RESPONDENTS g 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 nature : * of MANDAMUS declaring the action of the respondents in trying to interfere ^ : with the possession and enjoyment of the petitioners over the land in an extent of Ac. 0.60 cents in R.S. No. 168/3 of Ponangi Village, Eluru Mandal, Eluru District without following the due process of law as illegal, arbitrary, high handed, ultra vires, against to the principles of natural justice and contrary to law, apart from being violative of Article 300 A of the Constitution of India and consequentially direct the respondents not to interfere with the possession and enjoyment of the petitioners over the land in an extent of Ac. 0.60 cents in R.S. No. 168/3 of Ponangi Village, Eluru Mandal, Eluru District 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 direct the respondents not to interfere with the possession and enjoyment of the petitioners over the land in an extent of Ac. 0.60 cents in R.S. No. 168/3 of Ponangi Village, Eluru Mandal, Eluru District pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI KAMBHAMPATI RAMESH BABU Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER 1 APHC010050152025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) f [3333] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2934/2025 Between: ...PETITIONER(S) Gongadi Sambasiva Rao, and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.KAMBHAMPAT1 RAMESH BABU Counsel for the Respondent{S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ■> 2 r /'^ ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “....may be pleased to issue a writ order or direction more particularly one in nature of MANDAMUS declaring the action of the respondents in trying to interfere with the possession and enjoyment of the petitioners over the land Ac.0.60 R.S No. 168/3 of Ponangi Village, Eluru Mandal Eluru District without following the due process of law as illegal arbitrary high handed ultra vires against to the principles of natural justice and contrary to law apart from being violative of article 300-A of the Constitution of India and consequentially direct the respondents not to interfere with the possession and enjoyment of the petitioners over the land in an extent of Ac.0.60 cents in R.S.No.168/3 of Ponangi Village Eluru Mandal Eluru District in the interest of justice and pass..” of cents extent in in an Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development Department and Sri A.S.C. Bose, learned Standing Counsel for respondents 02. Nos.2 to 4. 03. The grievance of the petitioners is that they are the absolute owners of the land to an extent of Ac.0.60 cents in R.S.No. 168/3 of Ponangi Village, Eluru Mandal, Eluru District having inherited the same from their father and thereafter they orally partitioned 3 the same among themselves in which an extent of Ac.0.15 cents fell to their shareand ever since they are in possession and enjoyment of the subject property, and accordingly pattadar passbooks and title deeds were also issued in their favour by mutating their names in the Revenue records. While the matter being so, the respondent No.3 along with other staff came to their property and asked them to vacate the same without assigning any reasons and without following the procedure contemplated under law and if they are permitted to do so, the rights of the petitioners would get affected, as such, prayed to pass appropriate orders protecting the interest of the petitioners. Sri A.S.C. Bose, learned Standing Counsel for respondents Nos.2 to 4 has furnished the instructions of the 2'^'^ respondent 4. wherein it is stated that, after field verification of the survey number i.e., R.S.No.168/3, passbook is issued to an extent of Ac.0.15 cents per person which is totaling to an extent of Ac.0.60 cents according to the web adangal and passbook information. As per the villages records the said R.S.No.168/3 is classified as Gayyalu. As on ground the land under Rs.No.168/3 to an extent of Ac.0.60 cents was way back developed into Sagarla peta 4 habitation. But as on record, the details have not been updated with respective to the ground position. Perused the material available on record. 5 It is an admitted fact that pattadar passbooks were also 6. issued to the petitioners in R.S.No.168/3 to an extent of Ac.0.15 cents per person which is totaling to Ac.0.60 cents and which was also uploaded in the web adangals. The main contention of the respondent authorities is that as per village records the land is classified as Gayyalu lands and on ground the land under R.S.No.168/3 to an extent of Ac.0.60 cents was way back developed into Sagarla peta habitation and hence the petitioners have no right and title over the subject property and they are liable to be dispossessed. However, the respondents do not deny with regard to the pattadar passbooks and title deeds granted in favour of the petitioners and also did not state as to whether they have issued any notices to the petitioners before trying to interfere with their possession and enjoyment over the schedule property. In view of the fact that admittedly no notice was given to 7. the petitioners before dispossessing them from the subject land 5 this Court is inclined to dispose of the writ following order. petition by passing the “The respondent authorities are directed not to interfere with the subject property i extent of Ac.0.60 cents in R.S.No. 168/3 of Ponangi Village, Eluru Mandal, Eluru District except under due process of law.” l e., to an Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications shall stand closed. pending if any, Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Eluru Municipal Corporation, Eluru, Eluru District. 3. The Assistant City Planner, Eluru Municipal Corporation Eluru, Eluru District 4. The Town Planning Officer, Circle 1 Eluru Municipal Corporation Eluru, Eluru District. 5. One CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] 6. Two CCs to GP for Municipal Admn & Urban Dev, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC] 8. Three CD Copies. pi HIGH COURT DATED:07/02/2025 ORDER WP.No.2934 of 2025 ? 2 1 MAR 2025 Current section DISPOSING OF THE WRIT PETITION WITHOUT COSTS