APHC010064782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3905/2025 Between: Neelapu Eswara Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. M KESAVA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER:- This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “…to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in proceeding with the works in Patta land of Ac.0-80 Cents in Sy.No.38/2 New Sy.No.13 of Arasavalli village, Srikakulam District of the petitioners where status quo orders are subsisting in W.A.M.P.No.1080/2009 in W.A.No.536/2009 dt.17.04.2009 as highly arbitrary, illegal and violating the orders of this Hon’ble Court in W.A.M.P.No.1080/2009 in W.A.No.536/2009 dt.17.04.2009 with a further direction to demolish if any constructions are made…” 2. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and learned Standing Counsel for Municipal Corporation. 3. The case of the petitioners is that originally, an extent of Ac.1-40 cents in Survey No.38/2 (New Survey No.13) at Arasavalli Village, Srikakulam District, was assigned to their grandfather in 1947. The land was cultivated by their father and, after his demise, by their mother, who was granted a 'D' Form patta. Later, she came to know that Ac.0-60 cents of her land in Sy.No.38/2 had been alienated to third parties by the authorities. Aggrieved by the same, she filed W.P.No.1776/2005, challenging the alienation as arbitrary, illegal, and violative of constitutional rights, seeking Pattadar Pass Books and Title Deeds for Ac.0-80 cents. On 07-02-2005, this Court granted a status quo order, later made absolute on 28-07-2006. When the order was violated, she filed Contempt Case No.299/2007. The District Collector, in a counter affidavit dated 03-07-2007, stated that only an extent of Ac.0-60 cents was allotted to the District Congress Committee, and an extent of Ac.0-80 cents was never interfered or alienated to any third parties. During the proceedings, the petitioners were added as legal heirs of their mother. However, the Writ Petition was dismissed on 17-03-2009. 4. It is also the case of the petitioners that against the orders in W.P.No.1776 of 2005, they filed W.A.No.536/2009, which was admitted, and the Division Bench of composite High Court granted status quo on 29-04-2009 in W.A.M.P.No.1080/2009. While the appeal was pending, respondents attempted to allot the land to third parties for taxi parking. Then the 1st respondent submitted representations on 05-03-2021 and 25-03-2021, warning of contempt proceedings. Despite the District Collector’s endorsement for removing illegal shops, no action was taken. The Electricity Department provided power to those shops. Therefore, the 1st petitioner issued a legal notice on 05-03-2022 to the 5th respondent to disconnect supply. Then, the 5th respondent issued notices on 04-04-2022, but power was not disconnected due to a lack of ownership proof. 5. The 1st petitioner filed W.P.No.24539/2023, and based on instructions, this Court directed to file counter. However, as the instructions were contrary to the ground reality, the 1st petitioner filed C.C.No.2617/2024, which is pending. Recently, the 1st petitioner learned that shops were shifted 3 to 5 feet back to install a statue of late Sri Babu Jagjeevan Ram, which is outside the subject land. However, the respondents have started leveling the entire Ac.0- 80 cents despite the status quo order. Upon questioning, the 1st petitioner received no response, leading him to submit representations on 24-01-2025 to respondent Nos.2 to 4. Since the work continues, the 1st petitioner filed a Contempt Case in W.A.M.P.No.1080/2009 in W.A.No.536/2009 for violating court orders. In those circumstances, the petitioners filed the present writ petition. 6. Today when the matter came up for hearing, learned Government Pleader for Revenue has furnished a copy of instructions of the Tahsildar, wherein it is stated that the executive staff of their office reported that at present the ground position of the disputed land is vacant and there is no cultivation or house being constructed in the said land and the disputed land is resumed from Smt Neelapu Bhudevi, W/o late Siva Rao by the Government for violation of the Assignment patta vide POT Act, 1977and is under the control of Government. In view of the Radhasapthami being declared as State Festival, the Municipal Commissioner, Srikakulam has directed the concerned officers to clear the surroundings of the temple and road side temporary shops. Accordingly, road side temporary shops were removed for free flow of vehicles, public and also for beautification purpose but not disturbed the said disputed land. It is also stated that they are maintaining the status quo as instructed by this Court in W.A.M.P.No.1080 of 2009 in W.A.No.536 of 2009, dated 17.04.2009. 7. Learned Standing Counsel representing the 5th respondent has also furnished a copy of instructions, wherein it is also admitted by them that the respondents have been obeying the orders of this Court and maintaining status quo till today and that on the eve of “Radhasaptami” dt.04.02.2025 which is declared as State Festival, the field level staff conducted cleaning of roads, removing debris and jungle clearance in the edges of the road connecting PSN Mill junction to Arasavalli Sun God Temple. That the field level staff had taken all the steps in preventing encroachments on the side of the roads, during such circumstances, the Writ Petitioners has secured photographs, from the working area at Arasavalli and falsely projecting as undergoing work at disputed site. 8. In view of the instructions submitted by the Government Pleader for Revenue as well as the learned Standing Counsel representing the Municipal Corporation, it can be understood that as the eve of Radhasaptami was declared as a State Festival, the field level staff of both Revenue as well as Municipal Corporation have cleared the roads and removed the trees in the edges of the roads by keeping PSN Mill junction to Arasavalli Sun God temple, which clearly shows that the respondents are not maintaining the status quo as directed by this Court. 9. In view of the same, this Court is of the opinion to dispose of the writ petition directing the respondents to maintain status quo as directed by this Court in W.A.M.P.No.1080 of 2009 in W.A.No.536 of 2009, dated 17.04.2009. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 19.02.2025 JLV 486 HON’BLE SMT. JUSTICE V.SUJATHA W.P.No.3905 of 2025 Dt.19.02.2025 JLV