1 APHC010066052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3516/2025 Between: Geddam Gangamma and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3516/2025 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 the respondents in demolishing the houses of the petitioners and thereby dispossessing the petitioners without following due process of law is illegal, arbitrary and violation of principles of natural justice besides violation of Articles 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents to restore the possession of the petitioners in their respective house sites by providing them residential houses in Sy.No.76 of Annavaram Sankavaram Mandal, East Godavari District and pass such other order.” 2. Heard the learned counsel for the petitioners, learned Government Pleader for respondent Nos.1 & 2, learned Government Pleader for respondent Nos.3 and 5 and the learned Standing Counsel for respondent No.4. 3. Learned counsel for the petitioners submits that the petitioners are in possession and enjoyment of their respective small extent of house properties. For which the petitioners were issued possession certificate by the then Mandal Revenue Officer dated 10.04.2004 and they have been paying property tax to the Gram Panchayat, which shows that the petitioners have been in possession and enjoyment of their respective house properties. 3 4. Learned counsel for the petitioners further submits that since the petitioners are in possession and enjoyment of the subject properties, without following due procedure their possession cannot be disturbed or dispossessed. 5. On the other hand learned Government Pleader submits that on the guise of the possession over the subject properties, the petitioners are making constructions and occupying the land other than the land in survey No.76 of Annavaram Village. He further submits that as far as the lands against which the petitioners are claiming rights through the possession certificate as well as property tax receipts, the respondents will follow the due process as required and for illegal constructions other than the land in survey No.76 of Annavaram Village, the respondents may be granted liberty to proceed further. 6. Having regard to the submissions made by both the learned counsel and without going into the merits of the case, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondents not to dispossess or demolish the structures of the petitioners in survey No.76 of Annavaram Village, Sankavaram Mandal without following due process as contemplated under the Act. However, if the petitioners are making any constructions other than the land in survey No.76, 4 the respondents are at liberty to proceed further and take appropriate action in accordance with law. 7. With the above directions, 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 11.02.2025 TTPPSS 5 244 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3516/2025 11.02.2025 TTPPSS