APHC010668582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1309/2025 Writ Appeal under clause 15 of the Letters Patent to allow the writ appeal by setting aside the order passed in W.P.No.30413 of 2025 dated 13-11-2025 and to pass Between: 1. RAVI VARAPRASAD,, S/O. LATE BALASEKHAR, AGED ABOUT 53 YEARS, OCC- EMPLOYEE, R/O. H.NO.108, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 2. MARTHEE JOHAN AURTHEER PAUL,, S/O. MICKLE, AGED ABOUT 59 YEARS, OCC- LABOUR, R/O. H.NO.508, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 3. RAVI ANAND KUMAR,, S/O. LATE BALASEKHAR, AGED ABOUT 55 YEARS, OCC- LABOUR, R/O. H.NO.9-73, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 4. MANDRU ANAND,, S/O. JESUDAS, AGED ABOUT 56 YEARS, OCC- LABOUR, R/O. H.NO.8-76, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 5. RAVI DAYA KRUPAVARAM,, S/O. LATE BALASEKHAR, AGED ABOUT 57 YEARS, OCC- LABOUR, R/O. H.NO.2-56/4, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 6. RAVI VENKATA RAJU,, S/O. LATE BALASEKHAR, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. H.NO.242, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 2 7. PAMPANA SATYANARAYANA, S/O. LAKSHMANA RAO AGED ABOUT 54 YEARS, OCC- LABOUR, R/O. H.NO.6-53-1, SRIRAMNAGAR, GAJUWAKA MANDAL, VISAKHAPATNAM. 8. SALAPU GANGA RAO,, S/O. APPANNA, AGED ABOUT 57 YEARS, OCC- LABOUR, R/O. H.NO.6-56, OLD GAJUWAKA, GAJUWAKAMANDAL,VISAKHAPATNAM. 9. YANDRA SATYAVATHI,, W/O. SIMHACHALAM, AGED ABOUT 57 YEARS, OCC- LABOUR, R/O. H.NO.26-6-5, GODDUVANIPALEM, PEDDAGANTYADA MANDAL, VISAKHAPATNAM. 10. CHEEKATI PENTAMMA,, W/O. APPRAO, AGED ABOUT 55 YEARS, OCC- LABOUR, R/O. H.NO.7-32, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 11. MIDATHADA SATYANARAYANA,, S/O. MUTYALU, AGED ABOUT 59 YEARS, OCC- LABOUR, R/O. H.NO.4-10, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 12. BALI REDDY KANAKA RAJU,, S/O. PYDITALLI, AGED ABOUT 55 YEARS, OCC- LABOUR, R/O. H.NO.28-8-33, YATHAPALEM, VADLAPUDI RHC, GAJUWAKA MANDAL, VISAKHAPATNAM. 13. NELLI GANGA RAJU,, S/O. CHINNALU, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. H.NO.6-8-8, SENIWADA COLONY, AGANAMPUDI GAJUWAKA MANDAL, VISAKHAPATNAM. 14. EGALA LAKSHMI,, W/O. KANAKA RAO, AGED ABOUT 59 YEARS, OCC- LABOUR, R/O. H.NO.6-10, OLD DIBBAPALEM, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 15. JERROPOTHULA RAMANA,, S/O. VENKANNA AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. DONKADA COLONY, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 16. PADALA DEMUDU,, S/O. SIMHACHALAM, AGED ABOUT 69 YEARS, OCC- LABOUR, R/O. DONKADA COLONY, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 17. KARANAM BABU RAO, , S/O. SANYASI RAO, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. H.NO.18-17-1, NADIPURU COLONY, PEDDAGANTYADA MANDAL, VISAKHAPATNAM. 3 18. PERINATI VENKATAPPA RAO,, S/O. VENKATARAMANA, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. DRIVERS COLONY, OLD GAJUWAKA, GAJUWAKA MANDAL, VISAKHAPATNAM. 19. GAJJARALAVARAHALU,, S/O. KONDAYYA, AGED ABOUT 55 YEARS, OCC- LABOUR, R/O. ATTAVANIPALEM VILLAGE, LANKELAPALEM, GAJUWAKA MANDAL, VISAKHAPATNAM. 20. BATTULA LATCHABABU,, S/O. RAMA RAO, AGED ABOUT 56 YEARS, OCC- LABOUR, R/O. H.NO25-3-2, SRINAGAR, GAJUWAKA MANDAL, VISAKHAPATNAM. 21. GAJJARALA KANAKA RAO,, S/O. KONDAYYA, AGED ABOUT 53 YEARS, OCC- LABOUR, R/O. H.NO.18-6-3/1, NADIPURU COLONY, PEDDAGANTYADA MANDAL, VISAKHAPATNAM. 22. ALLURI KRISHNAM RAJU,, S/O. RAJANA RAJU, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. H.NO.31-27-61, KURMANIPALEM, VADLAPUDI RHC, GAJUWAKA MANDAL, VISAKHAPATNAM. 23. KOTHAPALLI SANYASI RAO,, S/O. MUSALAYYA, AGED ABOUT 63 YEARS, OCC- LABOUR, R/O. VIJAYRAMPURAM, NADIPURU COLONY, PEDDAGANTYADA MANDAL, VISAKHAPATNAM. 24. NELLAPUMAHESWARA RAO,, S/O. DURGA RAO, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. KARRIVANIPELEM H/O. PINAMADAKA, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 25. MUMMANA DEMUDU,, S/O. RAMU NAIDU, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. KARRIVANIPELEM H/O. PINAMADAKA, AGANAMPUDI, GAJUWAKA MANDAL, VISAKHAPATNAM. 26. MUMMANA SRINIVASA RAO,, S/O. RAMU NAIDU, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. D.NO.3-36, SABBAVARAMVILLEGE AND MANDAL, VISAKHAPATNAM. 27. PAPPALAKONDABABU,, S/O. NARAYANA, AGED ABOUT 57 YEARS, OCC- LABOUR, R/O. D.NO.22-3-35, NADIPURU COLONY, PEDDAGANTYADA MANDAL, VISAKHAPATNAM. 28. PILAKA RAJYALAKSHMI,, W/O. RAMI REDDY, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. BALACHERUVU RHC COLONY, 4 PEDDAGANTYADA MANDAL, VISAKHAPATNAM. 29. MANCHALA APPARAO,, S/O. DURGALU, AGED ABOUT 59 YEARS, OCC- LABOUR, R/O. D.NO.5-78, MANTHRIPALAM VILLAGE, PARAVADA MANDAL, VISAKHAPATNAM. 30. DASARI SOROJINI,, W/O. LATE NARAYANA, AGED ABOUT 61 YEARS, OCC- LABOUR, R/O. D.NO.25-3-12/1, PEDDANADIPURU RHC COLONY, PEDDAGANTYADA MANDAL, VISAKHAPATNAM. 31. GOVARA SATYANARAYANA,, S/O. DEMUDU, AGED ABOUT 63 YEARS, OCC- LABOUR, R/O. H.NO. 1-3-130/1, AKKIREDDYPALEM, GAJUWAKA MANDAL, VISAKHAPATNAM. 32. TATIKONDA SATYAVATHI,, W/O. BABU RAO, AGED ABOUT 59 YEARS, OCC- LABOUR, R/O. DUVVADA VILLAGE, KURMANPALEM, GAJUWAKA MANDAL, VISAKHAPATNAM. 33. KONDAVALLI SOMESWARA RAO, , S/O. LATE APPA RAO, AGED ABOUT 58 YEARS, OCC- LABOUR, R/O. D.NO.18-18-17/1, NADIPURU RHC COLONY, PEDDAGANTYADA MANDAL, VISAKHAPATNAM. 34. NAMBARU NAGARAJU,, S/O. APPARAO, AGED ABOUT 63 YEARS, OCC- LABOUR, R/O. D.NO.65-4-432, SHANTHINAGAR, GAJUWAKA DEPOT OPPOSITE GAJUWAKA MANDAL, VISAKHAPATNAM. 35. SEEKUACHIYYAMMA,, W/O. VEERANNA, AGED ABOUT 73 YEARS, OCC- LABOUR, R/O. SEEKUVANIPALEMVILLAGE, KANITHI RHC, GAJUWAKA MANDAL, VISAKHAPATNAM. ...APPELLANT(S) AND 1. CHALASANI LAKSHMI, W/O. CHALASANI NAGESWARA RAO, AGED 79 YEARS, R/O. D.NO.7/22-2, C-3, NESTLES COLONY APARTMENTS, EAST POINT COLONY,VISAKHAPATNAM, ANDHRA PRADESH- 530017 REP. BY HER GPA HOLDER DR. KARIYALA NAGESWARA RAO. 2. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, 5 VELAGAPUDI, AMARAVATI. 3. THE DISTRICT COLLECTOR OF VISAKHAPATNAM DISTRICT, VISAKHAPATNAM CITY AND DISTRICT. 4. THE JOINT COLLECTOR, VISAKHAPATNAM. 5. THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION, STEEL PLANT, VISAKHAPATNAM DISTRICT. 6. THE TAHSILDAR, PEDDAGANTYADA MANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 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 to dispense with the requirement of Writ Petition No.30413 of 2025 dated 13-11- 2025 certified copy of order in and to pass such IA NO: 2 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 grant leave to the appellants to prefer Writ Appeal against the orders passed in Writ Petition No.30413 of 2025 dated 13-11-2025 and to pass IA NO: 3 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 suspend the orders passed in Writ Petition No.30413 of 2025 dated 13-11- 2025 and to pass Counsel for the Appellant(S): 1. V V SATISH Counsel for the Respondent(S): 1. PATANJALI PAMIDIGHANTAM 2. GP FOR REVENUE 6 The Court made the following Judgment: (Per Hon’ble Sri Justice R.Raghunandan Rao) The present writ appeal, is the continuation of a long drawn litigation over 4 ½ acres of land in Sy.No.64/1 of Pedagantyada Village, Visakhapatnam District. 2. The appellants herein, filed W.P.No.36828 of 2018 before the erstwhile High Court of Andhra Pradesh contending that though they had been allotted plots in the said land, these plots were not being handed over to them by the official respondents therein. 3. W.P.No.36828 of 2018 was allowed, on 05.03.2025, by the learned Single Judge of this Court. Aggrieved by the said orders the State as well as the 1st respondent herein had filed writ appeals bearing W.A.Nos.115 of 2024 and 943 of 2023 before this Court. These writ appeals as well as certain writ petitions filed by the 1st respondent herein had been disposed of by way of a common order, dated 20.09.2024. In the said order, the Division Bench had taken the view that the 1st respondent did not have title or possession over the said land. The Special Leave Petition filed against this judgment came to be dismissed on 23.10.2024. 4. Thereafter, the revenue authorities had initiated action under Section 7 of the Land Encroachment Act, 1905 contending that the 1st respondent was in illegal occupation of Ac.2-52 cents of land in Sy.Nos.64/29 and 64/30 of Pedagantyada Village. The 1st respondent filed her objections to the said 7 notice. However, the Tahsildar, Pedagantyada Mandal by an order, dated 13.10.2025 had held that the 1st respondent was in illegal occupation of the said land and required her to vacate the said land forthwith. 5. Aggrieved by the said order, the 1st respondent approached this Court, by way of W.P.No.30413 of 2025 which came to be disposed of by a learned Single Judge of this Court, by order, dated 13.11.2025. The learned Single Judge had disposed of the writ petition with liberty to the 1st respondent to file an appeal under Section 10(i)(a) of Land Encroachment Act, within sixty (60) days period provided under the Act. The learned single Judge had also directed the official respondents not to interfere with the possession of the 1st respondent, over the said property till disposal of the interim application that was permitted to be filed for stay of dispossession till disposal of the appeal. 6. Aggrieved by this judgment, the appellants herein have filed the present writ appeal seeking leave of this Court to file the said appeal. The contention of the appellants is that they were parties to the earlier round of litigation in W.A.No.914 of 2023 and batch and were entitled to be heard before the learned Single Judge passed the judgment, under appeal. 7. Both Sri O.Manohar Reddy, learned Senior Counsel appearing for the appellants as well as Sri P.Sri Raghuram, learned Senior Counsel appearing for the 1st respondent have taken this Court through the entire litigation between the parties including the litigation before the Tahsildar and land 8 encroachment proceedings as well as a suit that is said to have been filed by the 1st respondent in the Court of XIII Additional District Judge, Gajuwaka. 8. As held by the learned Single Judge, we do not propose to go into these facts or the provisions of law raised by both the learned Senior Counsel. 9. However, this Court is of the opinion that the appellants herein were entitled to be heard, before the learned Single Judge, inasmuch as they were party to the earlier round of litigation, and have raised claims of ownership over the land though Sri P.Sriraghuram, learned Senior Counsel would contend that their claim over the said land has been negatived by the subsequent proceedings of the District Collector. 10. As held by the learned Single Judge, we do not propose to go into the relative merits of the case as any observation of this Court would affect the disposal of the appeal which has already been filed by the 1st respondent. 11. We are in agreement with the view of the learned Single Judge that appropriate course of action, available to the 1st respondent is an appeal against the order of the Tahsildar under Section 10 of the Land Encroachment Act. However, the learned Single Judge, had also granted protection to the 1st respondent till the disposal of the application filed for stay. To that extent, we would direct the Appellate Authority, before whom the appeal has been filed to dispose of the stay application within a period of one (1) week from the date of receipt of this order. 9 12. Accordingly, this Writ Appeal is disposed of confirming the order of the learned Single Judge with a further direction that the interlocutory application filed by the appellants, before the Appellate Authority shall be disposed of within a period of one (1) week from the date of receipt this order after opportunity of hearing is given to the 1st respondent. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 30.12.2025 KA 10 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1309/2025 Date: 30.12.2025 KA