APHC010077792025 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. 4181 of 2025 Between: Harijana Swaroopa and others ...PETITIONER(S) AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. T. NIRANJAN Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN. AND URBAN DEV. 2. GP FOR REVENUE 3. V. SIREESHA RANI, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.4181 of 2025 ORDER : This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “....to issue an appropriate order, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of respondents 2 and 6-authorities in interfering with the possession and enjoyment of the petitioners over their plots viz. Plot Nos.5, 1, 6 and 2 respectively, admeasuring Ac 0.02 cents each, in approved Lay Out No. 173B of Yemmiganur village and mandal, Kurnool district, without following due process of law and trying to evict the petitioners from their respective plots as illegal, arbitrary, contrary to law, highhanded and violative of Articles 14, 19, 21 and 300A of the Constitution of India, and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners over their plots viz. Plot Nos.5, 1, 6 and 2 respectively, admeasuring Ac 0.02 cents each, in approved Lay Out No. 173B of Yemmiganur village and mandal, Kurnool district, without following due process of law.” 2. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development representing respondent No.1, learned Standing Counsel representing respondent No.2, and learned Government Pleader for Revenue representing respondent Nos.3 to 6. 3. Petitioners claim to have been granted house site pattas by the Government in respect of plots bearing Nos.5, 1, 6 and 2 respectively, admeasuring Ac.0.02 cents each, in approved Layout No.173/B of Yemmiganur Village and Mandal, Kurnool District, in accordance with 3 VS,J W.P.No.4181 of 2025 Board Standing Order No.21, in the year 2018, and since then, they have been in possession of their respective plots. 4. It is the grievance of the petitioners that despite existence of valid house site pattas in their favour, the officials of the 2nd respondent-Municipality and the revenue authorities are interfering with their possession over the subject plots and are trying to evict them from their respective plots, without issuing any notice and without following due process of law. 5. Today, when the matter is taken up for admission, Mrs. V. Sireesha Rani, learned Standing Counsel for the 2nd respondent-Municipality, has furnished a copy of the written instructions of the Commissioner of the 2nd respondent-Municipality, dated 14.02.2025, wherein it is stated that there is no approved layout in Sy.No.173/B of Yemmiganur Town and Mandal and as per the revenue records, Sy.No.173/B is classified as Road (Rasta). It is, however, stated that there is no interference by them in respect of the subject plots i.e., Plot Nos.5, 1, 6 & 2 of Sy.No.173/B of Yemmiganur. 6. It is to be noted that even if the land in Sy.No.173/B of Yemmiganur is classified as Road (Rasta), as asserted by the 2nd respondent-Municipality, since the petitioners claim to be in possession of the subject plots by virtue of the house site pattas 4 VS,J W.P.No.4181 of 2025 granted by the Government, their possession cannot be interfered with, without following due process of law. 7. In view of the same, instead of keeping this writ petition pending, this Court deems it appropriate to dispose of the same at the admission stage, by directing the respondents not to interfere with the possession of the petitioners over the subject plots, without following due process of law. 8. With the above direction, the writ petition is disposed of. No order as to costs. Interlocutory Applications, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE V. SUJATHA Date: 19.02.2025 IBL 5 VS,J W.P.No.4181 of 2025 THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No. 4181 of 2025 Dt: 19.02.2025 IBL