::1:: APHC010277992020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18381/2020 Between: 1. VEMANA SATYANARAYANA,, S/O. VEMANA NAGESWARA RAO, AGED ABOUT 47 YEARS, OCC CULTIVATION, R/O. GOWDAPETA, CHALACHINTHAPUDI VILLAGE, DENDULURU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (PANCHAYATH WING) ELURU, WEST GODAVARI DISTRICT. 4. THE ZILLA PRAJA PARISHAD, WEST GODAVARI AT ELURU, REP. BY ITS CHIEF EXECUTIVE OFFICER. 5. THE DISTRICT PANCHAYATH OFFICER, WEST GODAVARI DISTRICT AT ELURU. 6. THE TAHSILDAR, DENDALURU MANDAL, WEST GODAVARI DISTRICT. 7. THE CHALLACHINTALAPUDI GRAM PANCHAYATH, REP. BY ITS SECRETARY, DENDULURU MANDAL, WEST 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 Writ, Order or direction more particularly one in 2 the nature of Writ of Mandamus to to direct the Respondents 3 to 7 not to evict the Petitioner from his possession an extent of the Ac 0.15 cents of Dry Land of Grama Kantakam in Sy.No.187 1, situated at Challachintalapudi Village and Gram Panchayath, Denduluru Mandal, West Godavari District without following the due process of law and pass Counsel for the Petitioner: 1. K RAMA KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. I KOTI REDDY 3 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.18381 of 2020 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to direct the Respondent Nos.3 to 7 not to evict the petitioner from his possession to an extent of Ac.0.15 cents of Dry Land of Grama Kantakam in Sy.No.187/1, situated at Challachintalapudi Village and Gram Panchayath, Denduluru Mandal, West Godavari District without following due process of law and pass...” 2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from his land, without following due process of law. 3. Learned Assistant Government Pleader for Respondents, admitted that the petitioner is in continuous possession of the subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioner submits that the petitioner’s family have been in continuous possession of the schedule property from 4 1970 onwards in an extent of Ac.0.15 cents of Dry Land of Grama Kantakam in Sy.No.187/1, situated at Challachintalapudi Village and Gram Panchayat, Denduluru Mandal, West Godavari District. 5. While things stood thus, the 4th Respondent filed O.S.No.287 of 2005 on the file of the Court of the Additional Senior Civil Judge, Eluru, West Godavari District for eviction of the Gram Kantakam Dry Land an extent of Ac.1.80 cents in Sy.No.187/1, situated at Challachintalapudi Village, Denduluru Mandal, West Godavari District and also for mesne profits. The said suit was filed by the 4th Respondent against the petitioner’s father and others. The father of the petitioner was illiterate and also he has no knowledge about the legal proceedings, on the said reason, the father of the petitioner could not attend the Court Proceedings before the Court of the Additional Senior Civil Judge, Eluru, West Godavari District. Thereafter, the Court below set Ex-parte and passed judgment and decree in O.S.No.287 of 2005 dated 12.12.2011 with a direction to vacate the suit schedule property within a period of three months. The petitioner’s father was expired on 13.08.2015, without informing the petitioner about the Court Proceedings before the Additional Senior Civil Judge, Eluru, West Godavari District. The Respondent Nos.6 and 7 came to the petitioner’s schedule property on 28.09.2020 and informed to the petitioner to evict the scheduled property 5 within one week otherwise, they will file a criminal case against the petitioner for proper action, then the petitioner requested the Respondent Nos.6 and 7 to give a notice for eviction, but they did not give any notice and gave warning that they will come on 05.10.2020 for eviction of the subject property. Hence the writ petition. 6. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj and perused the material placed on record. 7. It is an admitted fact that the 4th Respondent herein filed O.S.No.287/2005 against the father of the petitioner herein which was decreed against the father of the petitioner in respect of land to an extent of Ac.1.80 cents in Sy.No.187/1 situated at Challachintalapudi Village, Denduluru Mandal, West Godavari District. The said decree was became final and the petitioner herein admittedly kept quiet more than 1½ decade after the decree and now agitating that the Respondent Nos.6 and 7 are trying to evict the petitioner is an action consequence to the decree passed by the Court below. 8. In view of the said judgment and decree in O.S.No.287/2005 the 4th respondent is vested with the absolute rights over the subject property. Therefore, if any encroachments thereupon the respondent Nos.4 to 7 are at liberty to evict the same by following due procedure as contemplated. In fact, the respondent Nos.4 to 7 are public authorities 6 and as per the provisions of Andhra Pradesh Panchayat Raj Act, 1994, the authorities are conferred power to evict the encroachers if any in respect of its properties by invoking jurisdiction under the A.P. Panchayt Raj Act, 1994. It is further observed that even for evicting the encroachments they shall follow due procedure as contemplated under the Act. 9. In view of the reasons stated as above, the Respondent Nos.4 to 7 hereby directed to follow due procedure as contemplated for eviction of the petitioner or similarly situated persons if any in respect of the subject land to an extent of Ac.1.80 cents in Sy.No.187/1, situated at Challachintalapudi Village, Denduluru Mandal, West Godavari District. 10. With the above directions, the writ petition is disposed of. No costs. 11. As a sequel, interlocutory applications, if any pending shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 24.10.2025 krk 7 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA 59 WRIT PETITION NO.18381 of 2020 24.10.2025 krk