APHC010061752020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3689/2020 Between: 1. NADIGATLA SATYANARAYANA,, S/O.NOOKARAJU, AGED 42 YEARS, R/O.D.NO.4-443/1, RELCHAVANITIALEM VILLAGE, TUNI MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, EAST GODAVARI DISTRICT AT KAKINADA. 3. THE DISTRICT PANCHAYAT OFFICER, KAKINADA, EAST GODAVARI DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, TUNI, EAST GODAVARI DISTRICT. 5. THE TAHSILDAR, TUNI MANDAL, TUNI, EAST QODAVARI DISTRICT. 6. THE REKHAVANI PALEM GRAM PANCHAYAT, REKHAVANI PALEM VILLAGE, TUNI MANDAL, EAST GODAVARI DISTRICT. REP.BY ITS SECRETARY/SPECIAL OFFICER. ...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 2 pleased topleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the respondents 4 to 6 herein in threatening to demolish the structures of the Pan Shop being made by the petitioner herein in a small piece of land abutting the road margin of Tuni to Pitapuram Road situated at Rekhavanipalem Village, Tuni Mandal, East Godavari District as illegal, arbitrary, unreasonable and in utter violation of the principles of natural justice and violative of Articles 14 and 19(1)(g) of the Constitution of India besides the violation of principles of natural justice and consequently direct the respondents herein not interfere with the construction of pan shop and business or in any manner IA NO: 1 OF 2020 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 2 to 6 herein not to interfere with the construction of pan shop and not to dispossess the petitioner from the Pan Shop raised in a small piece of land abutting the road margin of Tuni to Pitapuram Road situated at Rekhavanipalem Village, Tuni Mandal, East Godavari District or any manner, pending disposal of the Writ Petition Counsel for the Petitioner: 1. RAM BABU DEVAVARAPU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR ROADS BUILDINGS (AP) 4. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3689/2020 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 the respondent Nos.4 to 6 herein in threatening to demolish the structures of the Pan Shop being made by the petitioner herein in a small piece of land abutting the road margin of Tuni to Pitapuram Road situated at Rekhavanipalem Village, Tuni Mandal, East Godavari District as illegal, arbitrary, unreasonable and in utter violation of the principles of natural justice and violative of Articles 14 and 19(1)(g) of the Constitution of India besides the violation of principles of natural justice and consequently direct the respondents herein not interfere with the construction of pan shop and business or in any manner and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondent No.6 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner and some of the villagers have been in possession and enjoyment of a small portion of land on the road margin of Tuni to Pitapuram Road and wherein the petitioner raised a thatched shop and running a pan shop. The petitioner has been in possession and enjoyment of the same for the past twenty years. The 6th respondent also issued license to the petitioner’s pan shop. Due to the rainy 4 season the said thatched shop got damaged, hence the petitioner started construction of the shop with iron sheets. While so, respondent Nos.4 to 6 are threatening to demolish and dispossess the petitioner from the subject shop without initiating any proceedings and without issuing any notice to the petitioner. Hence, the Writ Petition. 4. Learned Government Pleader and the learned Standing Counsel appearing for the respondents submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law. 5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing the respondents not to interfere with the construction of pan shop and business of the petitioner, without following due process of law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 0033..0099..22002255 TTPPSS 5 160 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:3689 of 2020 0033..0099..22002255 TTPPSS