APHC010558972025 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: 29073/2025 Between: 1. DUGGINENI SRINIVASULU, S/O. VENKATA SUBBAIAH, AGED 45 YEARS, OCC- CULTIVATION, R/O.D.NO.3-84 THAMMAVARAM VILLAGE, KORISIPADU MANDAL, BAPATIA DISTRICT. 2. POTHURI YEDUKONDALU, S/O. CHNADRAIAH, AGED 54 YEARS, OCC- CULTIVATION, R/O.D.NO.3-92, THAMMAVARAM VILLAGE, KORISIPADU MANDAL, BAPATIA DISTRICT 3. DUGGINENI NAGESWARA RAO, S/O.SUBBA RAO, AGED 70 YEARS, OCC- CULTIVATION, R/O.D.NO.3-79 1 THAMMAVARAM VILLAGE, KORISIPADU MANDAL, BAPATIA DISTRICT. 4. DUGGINENI ADI NARAYANA, S/O. SUBBA RAO, AGE 61 YEARS, OCC-CULTIVATION, R/O.D.NO.379-B THAMMAVARAM VILLAGE, KORISIPADU MANDAL, BAPATIA DISTRICT. 5. DUGGINENI SIVA PARVATHI, S/O. NAGESWARA RAO, AGED 45 YEARS, OCC- CULTIVATION, R/O. THAMMAVARAM VILLAGE, KORISIPADU MANDAL BAPATIA DISTRICT. 6. DUGGINENI SAMBA SIVA RAO, S/O. CHANDRAIAH, AGED 46 YEARS, OCC- CULTIVATION, R/O.D.NO.8-268A, THAMMAVARAM VILLAGE, KORISIPADU MANDAL, BAPATIA DISTRICT. 7. BATHULA SAMBAIAH, S/O. SUBBA RAO, AGED 51 YEARS, OCC- CULTIVATION, R/O.D.NO.3-100, THAMMAVARAM VILLAGE KORISIPADU MANDAL, BAPATIA DISTRICT. ...PETITIONER(S) 2 AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, BAPATIA DISTRICT AT BAPATLA. 3. THE DISTRICT PANCHAYAT OFFICER, BAPATLA DISTRICT AT BAPATLA. 4. THE THAMMAVARAM GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY-CUM-EXECUTIVE AUTHORITY THAMMAVARAM VILLAGE, KORISAPADU MANDAL, BAPATLA DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NSJC OANDM SECTION, MEDARAMETIA BAPATLA 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly 4th and respondents in insisting petitioners to vacate from some portion of their land out of Ac. 1.50 cents, Ac. 1.00 cents, Ac.0.95 cents, Ac.0.90 cents, Ac.0.43 cents, Ac.0.05 cents, Ac.0.30 cents, Ac.0.70 cents, Ac. 1.90 cents, Ac.0.67 cents, Ac.0.36 cents, Ac.0.05 cents, Ac.0.3850 cents, Ac.0.84 cents, Ac.2.05 cents, Ac.0.32 cents, Ac.0.90 cents. cO.69 cents respectively covered by S.No. 157-1, 158-1, 158-3A, 158-3A1, 169-1, 164-2A, 164-1A, 158-1, 164-1A, 164-2A, 204, 157-3A, 157-1, 64-1, 157-3A, 157-1 and 156-1 situated at Bodduvanipalem Revenue Village of Korisapadu Mandal in Bapatia District and also proceedings initiated by way of undated notice issued by 4th respondent and also LT No. AEE/NSJC OandM Section/Medarametla/2M dated 27.01.2025 issued by 5th respondent, as illegal, irregular, irrational, without jurisdiction 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 and enjoyment over any portion of their aforesaid landed properties and pass 3 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 in any manner with petitioners possession and enjoyment over any portion of their landed properties admeasuring an extent of Ac. 1.50 cents, Ac. 1.00 cents, Ac.0.95 cents, Ac.0.90 cents, Ac.0.43 cents, Ac.0.05 cents, Ac.0.30 cents, Ac.0.70 cents, Ac. 1.90 cents, Ac.0.67 cents, Ac.0.36 cents, Ac.0.05 cents, Ac.0.3850 cents, Ac.0.84 cents, Ac.2.05 cents, Ac.0.32 cents, Ac.0.90 cents, AcO.69 cents respectively covered by S.No. 157-1, 158-1, 158- 3A, 158-3A1, 169-1, 164-2A, 164-1 A, 158-1, 164-1 A, 164-2A, 204, 157-3A, 157-1, 64-1, 157-3A, 157-1 and 156-1 situated at Bodduvanipalem Revenue Village of Korisapadu Mandal in Bapatla District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR IRRI AND CAD The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.29073 OF 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 4th and 5th respondents in insisting petitioners to vacate from some portion of their land out of Ac.1.50 cents, Ac.1.00 cents, Ac.0.95 cents, Ac.0.90 cents, Ac.0.43 cents, Ac.0.05 cents, Ac.0.30 cents, Ac.0.70 cents, Ac.1.90 cents, Ac.0.67 cents, Ac.0.36 cents, Ac.0.05 cents, Ac.0.3850 cents, Ac.0.84 cents, Ac.2.05 cents, Ac.0.32 cents, Ac.0.90 cents, Ac.0.69 cents respectively covered by Sy.Nos.157-1, 158-1, 158-3A, 158-3A1, 169-1, 164-2A, 164-1A, 158- 1, 164-1A, 164-2A, 204, 157-3A, 157-1, 64-1, 157-3A, 157-1 and 156-1 situated at Bodduvanipalem Revenue Village of Korisapadu Mandal in Bapatla District and also proceedings initiated by way of undated notice issued by 4th respondent and also LT No.AEE/NSJC O&M Section/Medarametla/2M dated 27.01.2025 issued by 5th respondent as illegal, irregular, irrational, without jurisdiction 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 and enjoyment over any portion of their aforesaid landed properties and pass such other order or orders...” 2. Heard learned counsel for petitioners, learned Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel for Gram Panchayat appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are the pattadars and possessors of the lands admeasuring to an extent of Ac.1.50 cents, Ac.1.00 cents, Ac.0.95 cents, Ac.0.90 cents, Ac.0.43 cents, Ac.0.05 cents, Ac.0.30 cents, Ac.0.70 cents, Ac.1.90 cents, Ac.0.67 cents, Ac.0.36 cents, Ac.0.05 cents, Ac.0.3850 cents, Ac.0.84 cents, Ac.2.05 cents, Ac.0.32 cents, 5 Ac.0.90 cents, Ac.0.69 cents respectively covered by Sy.Nos.157-1, 158-1, 158- 3A, 158-3A1, 169-1, 164-2A, 164-1A, 158-1, 164-1A, 164-2A, 204, 157-3A, 157-1, 64-1, 157-3A, 157-1 and 156-1 situated at Bodduvanipalem Revenue Village of Korisapadu Mandal in Bapatla District having acquired the same through respective registered sale deeds, through succession and their succession was confirmed by way of revenue records filed along with the present writ petition. Learned counsel for the petitioners further submits that pursuant to the notice issued by respondent No.4, all the petitioners herein jointly submitted their objections/ replies dated 17.09.2025 and prayed that their subject properties were acquired by way of sale deeds, by way of succession and so they cannot be evicted by way of summary proceedings without considering their rights over their respective subject properties. He further contends that even after the submission of objections/ explanations and having called for submission of certain documents which were duly submitted by the petitioners on 17.09.2025, till date, the respondents neither considered the said documents nor passed any reasoned order thereon. But the respondents are now attempting to evict the petitioners from their respective subject properties. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for the respondent No.4 on oral instructions submits that since the petitioners submitted their explanations pursuant to the notice dated nil, the Gram Panchayat will consider the explanations of the petitioners and pass appropriate orders after considering the explanation of each petitioner in accordance with law. 6 5. Considering the submissions made by the learned counsel for the petitioners, learned Standing Counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of directing the 4th respondent to consider the explanations as well as documents submitted by the petitioners, after providing opportunity of hearing to each petitioner and pass speaking order in respect of each petitioner, within a period of two (02) months from the date of receipt of a copy of this order and communicate the same to the petitioners. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners. 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J Date:24.10.2025 BSP 7 13 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.29073 OF 2025 DATED:24.10.2025 BSP