IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2873 OF 2025 Between: Pidathala Kambagiriraju, S/o Pidathala Jayaraju, aged 36 years, R/0 1-231 Kolimigundia, Nandyala District, Andhra Pradesh-518123 ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principle Secretary, Panchyath Raj and Rural Development Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The District Collector of Nandyala, Nandyala District, Andhra Pradesh. 3. The Revenue Divisional Officer, Nandyala, Nandyala District, Andhra Pradesh. 4. The Tahsildar of Kolimigundia Mandal, Nandyala District, Andhra Pradesh. 5. The Itikyala Gram Panchyathy, rep by its Secretary, Kolimigundia Mandal, Nandyala District, Andhra Pradesh. ...RESPONDENTS 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 particularly, one in the nature of WRIT OF MANDAMUS declaring the action of 4**^ and 5*^ respondent in an extent of making efforts to dispossessing the petitioner from land to Ac. 0.03 cents in survey No. 112/A of Kolimigundia Village and Mandal, Nandyala District, Andhra Pradesh without following procedure established by^the law as illegal, arbitrary and violation of principles of natural justice .and the act of authorities is against the principle laid down by the Hon'ble * Apex court in the case of RAME GOWDA V/S M VARADAPPA NAIDU ' 't Citation 2003 LawSuit(SC) 1248 and consequential set aside the Impugned Notices vide its No. RC. 527/2024 Dated 23/12/2024 as the said notices issued without adhering the procedure contemplated under GOMS. No 188 dated 21.07.2011. 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 over the possession of the petitioner's land of extent Ac. 0.03 cents in survey No. 112/A of Kolimigundia Village and Mandal, Nandyala District, Andhra Pradesh, except due process of law contemplated under GOMS No. 188 dated 21.07.2011. Counsel for the Petitioner: M/s. NALLANAGULA LALITHA SREE Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos. 2, 3 & 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI MATTEGUNTA SUDHIR, STANDING COUNSEL FOR ZPPS, MPPS & GRAM PANCHAYATS The Court made the following: ORDER 1 APHC010053972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ [3329] '■■■' - Ctr? WEDNESDAY .THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2873/2025 Between: Pidathala Kambagiriraju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NALLANAGULA LALITHA SREE Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2873 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a Writ, Order or direction particularly one in the nature of writ of Mandamus declaring the action of 4^^ and respondent in making efforts to dispossess the petitioner from land to an extent of Ac. 0.03 cents in survey No. 112/A of Kolimigundia Village and Mandal, Nandyala District, Andhra Pradesh without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Hon’ble Apex court in the case of RAME GOWDA V/S M VARADAPPA NAIDU Citation 2003 LawSuitSC 1248 and consequential set aside the Impugned Notices vide its No RC.527/2024 Dated 23/12/2024 as the said notices issued without adhering the procedure contemplated under G.O.MS.No.188 dated 21.07.2011 and to pass such other order or orders,..’’ Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is 3. the resident of Kolimigundia Village and he has been in peaceful possession and enjoyment of the land admeasuring to an extent of Ac.0.03 cents of Kolimigundia Village and Mandal, Nandyala District since thirty years without there being any interference or hinderance from any quarter. He further submits that the petitioner is in possession of the subject land duly encroaching the Government land for the purpose of house and erected a shed in the subject land in the year 1995. Later, the petitioner herein got Thereafter, the petitioner made constructed a house in the subject land. several representations to the respondent authorities seeking to issue possession certificate to the petitioner. For which, the respondents after duly conducting survey issued possession certificate in favour of the petitioner on 16.11.2023. 4. While things stood thus, the respondent authorities are threatening the petitioner to evict from the subject property and issued impugned notice dated 23.12.2024 stating that the subject land is classified as Government land and respondent No.1 ordered for removal of encroachments in the lands which are classified as Government lands. For which, the petitioner submitted his reply dated 27.12.2024. But, without considering the said explanation/ reply, the respondent are trying to dispossess the petitioner from the subject land. Aggrieved by the said action, the petitioner filed the present writ petition. 5. On the other hand, learned Government Pleader for Revenue appearing for the respondents submits that reply/ explanation dated 27.12.2024 submitted by the petitioner would be considered by the respondents in accordancewith law, within a reasonabletime. 6. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents to consider the reply/ explanation dated 27.12.2024 submitted by the petitioner and pass appropriate orders, within a period of four (04) weeks from the date of receipt of a copy of this order, after providing opportunity of / Nh hearing to the petitioner, in accordance with law. Till then, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. With the above direction, the Writ Petition is disposed of. There shall be 7. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ oetition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// L s ON OFFICER To, 1. The Principle Secretary, Panchyath Raj & Rural Development Department, State of Andhra Pradesh Secretariat Office, Velagapudi, Amaravathi, Guntur District. The District Collector of Nandyala, Nandyala District, Andhra Pradesh. The Revenue Divisional Officer, Nandyala, Nandyala District, Andhra Pradesh. The Tahsildar of Kolimigundia Mandal, Nandyala District, Andhra Pradesh. The Secretary, Itikyala Gram Panchyathy, Kolimigundia Mandal, Nandyala District, Andhra Pradesh. One CC to M/s. Nallanagula Lalitha Sree, Advocate [OPUC] Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] One CC to Sri Mattegunta Sudhir, Standing Counsel for ZPPS, MPPS & Grama Panchayat. [OPUC] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. 10. 3 f HIGH COURT DATED:05/02/2025 ORDER g 13 FEB 2025 S -Co, WP.No.2873 of 2025 'll . Current Section . DISPOSING OF THE W.P. WITHOUT COSTS