APHC010565862025 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: 29326/2025 Between: 1. GOLLAVALLI SATYANARAYANA, S/O. SUBBRAO, AGED ABOUT 40 YEARS, D.NO. 4-30, NEAR RAMALAYAM, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 2. CHINTAPALLI DHARMARAO,, S/O.VENKANNA, AGED ABOUT 70 YEARS, D.NO. 4-130/1, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 3. BALLINJI RAMOJI RAO,, S/O. SANKARA RAO, AGED ABOUT 40 YEARS, D.NO. 4-25, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 4. UBBINA APPARAO, , S/O. APPANNA, AGED ABOUT 55 YEARS, D.NO. 4-2/2, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 5. MYCHARLA PARVATHI, , C/O. MAALIBABU, AGED ABOUT 65 YEARS, D.NO. 4-8, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 6. VENDRAPU PEDDIRAJU,, S/O. GANGANNA, AGED ABOUT 50 YEARS, D.NO. 4-6, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL WEST GODAVARI DISTRICT, A.P. 7. CHEKKALA KUMARI, , W/O. RAMANAIDU, AGED ABOUT 55 YEARS, D.NO. 1-94/5, GOLLALAKODERU VILLAGE, PALAKODERU 2 MANDAL WEST GODAVARI DISTRICT, A.P. 8. KALISETTI VENKANNA,, S/O. VEERAJU, AGED ABOUT 40 YEARS, D.NO. 4-13, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL WEST GODAVARI DISTRICT, A.P. 9. VELUDURTHY LAKSHMI NARASAMMA,, W/O. ANJANEYULU, AGED ABOUT 40 YEARS, D.NO. 40-5, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 10. MANDALA NAGESWARA RAO,, S/O. VENKANNA. AGED ABOUT 70 YEARS, D.NO. 4-10, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 11. KARANAM SURYAKANTHAM,, S/O. KONDAYYA, AGED ABOUT 75 YEARS, D.NO. 4-4, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL WEST GODAVARI DISTRICT, A.P. 12. MANDALA DANAYYA,, S/O. VENKANNA, AGED ABOUT 50 YEARS, D.NO. 4-6, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL WEST GODAVARI DISTRICT, A.P. 13. KALLEPALLI YESU,, S/O.APPARAO AGED ABOUT 40 YEARS, D.NO. 4-5, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL WEST GODAVARI DISTRICT, A.P. 14. KUKKALA SAI,, S/O. VENKANNA AGED ABOUT 45 YEARS, D.NO. 4-6, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATHI RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, WEST GODAVARI DISTRICT AT BHIMAVARAM. 3. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 3 4. THE TAHSILDAR, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 5. THE PANCHAYATH SECRETARY, GOLALAKODERU GRAMA PANCHAYATH PALAKODERU MANDAL 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 topleased to issue Order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ petition is filed declaring the action of Respondents more particularly Respondent Nos. 2 to 5 in trying to dispossess the petitioners in Survey No. No.238 in Gollalakoderu Gram Panchayat area of Palakoderu Mandal, West Godavari District without issuing any notice or following any procedure under law as illegal, arbitrary, high-handed, and violation of Articles 14, 21 and 300-A of Constitution of India, violation of Principles of Natural Justice and consequently direct the respondents not to interfere with petitioners peaceful possession 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 pleased to direct the respondents not to interfere with our possession over the lands to an extent of Ac. 0.2 cents each in Sy. No.238 in Gollalakoderu Village, Palakoderu Mandal, West Godavri District and pass Counsel for the Petitioner(S): 1. BANDA SAI SAMPATH KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29326/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents more particularly respondent Nos. 2 to 5 in trying to dispossess the petitioners in Survey No.238 in Gollalakoderu Gram Panchayat area of Palakoderu Mandal, West Godavari District without issuing any notice or following any procedure under law as illegal, arbitrary, high- handed, and violation of Articles 14, 21 and 300-A of Constitution of India, violation of Principles of Natural Justice and consequently direct the respondents not to interfere with petitioners’ peaceful possession and pass such other order.” 2. Heard learned counsel for the petitioners, learned Standing Counsel for respondent No.5 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioners submits that the petitioners are in possession of the lands admeasuring to an extent of Ac.0.2 cents in Sy.No.238 respectively. The petitioners have got constructed thatched houses and residing therein. Recognizing their possession over the subject lands, respondent Nos.4 and 5 have assessed their respective houses and issued tax assessment number for each house of the petitioners. Then the petitioners have been payinghouse/property taxes to the 5th respondent/Gram 5 Panchayat regularly without committing any default. The 5th respondent also assigned door numbers to the said houses. While things stood thus, respondent No.4 along with their men tried to demolish the subject house properties, without issuing any notice and without following due process of law. Then, the petitioners requested respondent Nos.3 to 5, but without considering their long standing possession over the respective properties of the petitioners, respondent Nos.3 to 5 are trying to interfere and dispossess the petitioners from the subject properties. Hence, the Writ Petition. 4. Learned Government Pleader and the learned Standing Counsel submit that the respondents will follow due process of law for demolition and eviction of the petitioners from the subject properties. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion the Writ Petition can be disposed of directing the respondents not to demolish or evict the petitioners from the subject properties, without following due process of law. Learned Government Pleader and the learned Standing Counsel are directed to inform the order of this Court to the respondents. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.10.2025 TTPPSS 7 22 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29326/2025 24.10.2025 TTPPSS