IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Juriscliction) WEDNESDAY, THE NINETEENTH DAY OF FEBRU/a TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4098 OF 2025 Between: 1) Rachakonda Virarina, S/o. Seetayya, Aged about 37 years, Male R/o. H.No.1-7-14, Near Kasmo Paleten Club, Ganapathi Raju Nagar Bhimavaram, West Godavari District. » 2) Chalaitisetti Sita, W/o. Late Venkateswar Rao, Aged about 59 years, Female, R/o. H.No.1-7-5, Near Kasmo Paleten Club, Ganapathi Raju Nagar, JP Road, Bhimavaram, West Godavari District. I 3) Dakamari Appala Swamy, S/o. Late Apparao, Aged about 47 years, Male, R/o. H.No. 1-7-7-15/1, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. 4) Dakamari Srinivasa Rao, S/o. Lato-Apparaa, Aged about 52 years, Male, R/o. H.No.1-7-7/15, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. i. k~ _ 5) Eegalapati Kanaka Durga, " ' k'W/o. Late Gali Demudu, < V Aged about 59 years, Female, " R/o; H.N0.1-7-7A, Near Kasmo Paleten Club, Gamapathi Raju Nagar, Bhimavaram, West Godavari District. (f 6) Gurra Raju Naidu, S/o. Venkanna, Aged about 51 years, Male, R/o. H.No.1-3-11, Near Kasmo Paleten Club, Ganapathi Rao Nagar, Bhimavaram, West Godavari District. 7) Indipi Venkata Rao, S/o. Bangarayya, Aged about 64 years, Male, R/o. H.No.1-7-10, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. 8) Jonnada Mavullamma, W/o. Mavullayya, Aged about 37 years. Female, R/o. H.No. 1-7-4/21, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. 9) Jajimoggala Venkata Lakshmi, \N/o. Satyanarayana, Aged about 57 years, Female, R/o. H.No.1-7-1, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. 5 - 10) Nimmala Lakshmi, W/o. Nimmala Krishna, Aged about 48 years, Female, R/o. H.No.1-3-10. Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram,West Godavari District. r 11) Pilli Tulasi Raja Kumari, W/o. Raju, Aged about 51 years. Female, R/o. H.No.1-3-10/1/11, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. 12) Eegalapati Adinarayana, S/o.Apparao, Aged about 54 years, Male, R/o. H.No. 1-3-7/A, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. 13) Madagala Ramana, S/o Nayudu, Aged about 76 years, Male, R/o. H.No.1-7-7/16/3, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. 14) Manchaia Chanti, W/o. Raju, Atged about 58-years^i F-emale, R/o. H.No. 1-7-7/A, Near Kasmo Paleten Ciub, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. s 15) Kalli Peddintlu, W/o. Veera Raghavulu, Aged about 55 years, Female, R/o. H.No.1-7-7, Near Kasmo Paleten Club, Ganapathi Rao Nagar, Bhimavaram, West Godavari District. 16) Sappidi Satyanarayana, S/o. Sappidi Chandranna, Aged about 76 years, Male. R/o. H.No.1-3-10/1/1, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District. 17) Undrajavarapu Kumari, W/o. Lakshmana Rao, Aged about 60 years, Male, R/o. H.No.1-3-10/1/13, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District 18) Korasika Gangamma, W/o. Siva, Aged about 59 years, Femala, R/o. H.No.1-7-14, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District 19) Kondeti Srinivasa Rao, S/o Late Sampath Rao, Aged about 42 years, Male, R/o. H.No.1-3-101/2, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District ^ - 20) Dakamarru Venkatalakshmi, W/o Late Apparao, Aged about 63 years, Male, R/O. H.No.1-3-10/1/16, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District 21) Patnala Kumari, W/o Late Venkateswara Rao, Aged about 52 years, Male, R/o. H.No.2-11-77/2, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District 22) Manepurapu Padmavathi, W/o Manepurapu Yesu, Aged about 44 years, Female, R/o. H.No.1-7-7/15, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Bhimavaram, West Godavari District 23) Eegalapati Durga Rao, S/o. Yerayya, Aged about 53 years, Male, R/o. H.No. 1-7-7/A, Near Kasmo Paleten Club, Ganapathi Raju Nagar, Sivaraopet, Bhimavaram, West Godavari District. ...Petitioners AND 1) The State of Andhra Pradesh, rep. by its Administration and Urban Development, Secretarial Buildings. Velagapudi, Guntur District. 2) The District Collector, Bhimavaram, West Godavari District. 3. The Bhimavaram Municipality, Rep. by its Commissioner, Bhimavaram, West Godavari District. 4. Mudumuri Venkata Bhaskar Raju, Rep. by its GPA Holder, M.Venkata Rama Raju, S/o.Rayaparaju. Aged about 68 years, R/o D.No. 1-2-40, Flat No. 304, Satya Residency, Vamsi Krishna Nagar, Bhimavaram, West Godavari District. 5. R. Sarala, W/o Venkata Narasimha, Aged about 53 years, R/o H.No.27-13-17, Ward No. 34, Near Sapota Lodge Street, Bhimavaram, West Godavari District. 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 a direction, more particularly one in the nature of Writ of Mandamus, declaring the action against the respondent No.3 threaten to dispossess us from our respective houses bearing H.Nos. 1-7-14, 1-7-5, 1-7-7-15/1, 1-7-7/15, 1-7-7A, 1-3-11, 1-7-10, 1-7-4/21, 1-7-1, 1-3-10, 1-3-10/1/11, 1- 3-7/A, 1-7-7/16/3, 1-7-7/A, 1-7-7, 1-3-10/1/1, 1-3- 10/1/13, 1-7-14, 1-3- 101/2, 1-3-10/1/16, 2-11-77/2, 1-7-7/15, 1-7-7/A of 35 ward In S.No. 50/3 of Suryanarayana Puram, Bhimavaram., West Godavari District without following due process of law as contemplated under statute and as directed by the Hon'ble Court in W.P. No. 2339/2024 is illegal, irregular, arbitrary against the principles of natural justice and violation of the provisions of the Municipalities Act, and rules framed thereunder and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess the petitioners without considering regulation of their occupation and without providing alternative houses for their accommodations. th lA NO: 1 OF 2025 that in the circumstances Petition under Section 151 CPC praying stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 not to dispossess the petitioners froni the respective H.Nos.1-7-14, 1-7-5, 1-7-7-15/1, 1-7-7/15, 1-7-7A, 1- 3-11, 1^ 1-3-10/1/11, 1-3-7/A, 1-7^7/16/3, 1-7-7/A, 1-7- 7-10, 1-7-4/21, 1-7-1, 1-3-10 7, 1-3-10/1/1, 1-3-10/1/13, 1-7-14, 1-3-101/2, 1-3-10/1/16, 2- 11-77/2, 1-7- ward in S.No. 50/3 of Suryanarayana Puram; th 7/15, 1-7-7/A of 35 Bhimavaram, West Godavari District without following due process of law till alternate accommodations for their residence is provided, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI MANGENA SREE RAMA RAO Counsel for the Respondent Nos.1 & 2: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.3: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.4 & 5: The Court made the following: ORDER y APHC010080002025 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.4098 of 2025 Between: ...PETITIONER(S) Rachakonda Viranna and others AND ...RESPONDENT{S) The State Of Andhra Pradesh and others Counsel for the Petitioner(S): 1.MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP MUNCIPALADMN. AND URBAN DEV. AP 2. MS. V. SIREESHA RANI, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.4098 of 2025 if’ ORDER: This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following relief; “to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 in threatening to dispossess the petitioners from their respective houses bearing H. Nos. 1-7-14, 1-7-5, 1-7-7-15/1, 1-7-7/15, 1-7-7A, 1-3-11, 1-7-10, 1-7-4/21, 1-7-1, 1-3-10, 1-3- 10/1/11, 1-3-7/A, 1-7-7/16/3, 1-7-7/A, 1-7-7, 1-3-10/1/1, 1-3- 10/1/13, 1-7-14, 1-3-101/2, 1-3-10/1/16, 2-11-77/2, 1-7-7/15, 1-7- 7/A of 35^^ ward in S. No. 50/3 of Suryanarayana Puram, Bhimavaram, West Godavari District, without following due process of law as contemplated under statute and as directed by the Hon’ble Court in W.P.No.2339/2024 is illegal, irregular, arbitrary, against the principles of natural justice and violation of the provisions of the Municipalities Act and rules framed thereunder and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess the petitioners without considering regulation of their occupation and without providing alternative houses for their accommodations. ” Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration & Urban Development representing respondent Nos.1 & 2 and learned Standing Counsel for respondent No.3. 2. The case of the petitioners, in brief, is as follows: 3. (i) The petitioners, who fall below the poverty line, have constructed houses in small extents of land i.e., one or two cents, in Sy.No.50/3 of Suryanarayana Puram, Bhimavaram, West Godavari District, and the said houses were assessed to house tax. Since then, the petitioners have been in possession of their respective houses 3 VS,J W.P.No.4098of 2025 bearing H.Nos.1-7-14, 1-7-5, 1-7-7-15/1, 1-7-7/15, 1-7-7A, 1-3-11 1.7.10, 1-7-4/21, 1-7-1, 1-3-10, 1-3-10/1/11, 1-3-7/A, 1-7-7/16/3, 1-7- 7/A, 1-7-7, 1-3-10/1/1, 1-3-10/1/13, 1-7-14, 1-3-101/2, 1-3-10/1/16, 2- 11-77/2, 1-7-7/15 and 1-7-7/A in Sy.No.50/3 of Suryanarayana Puram, Bhimavaram, West Godavari District. It is stated that utilities like water and electricity supply have been provided and some of the petitioners were also granted possession certificates. The petitioners have also submitted representation to the authorities for grant of D-Form pattas and the same is pending consideration. While that being so, the respondent No.3-Municipality has (ii) recently directed the petitioners to vacate the subject houses, without issuing any notice or without providing alternative house sites, (iii) The petitioners learnt that a writ petition viz.. W.P.No.2339 of 2024 was filed by the unofficial respondents for removal of encroachments in Sy.No.50/3 of Suryanarayanapuram Bhimavaram. Despite the petitioners being affected and necessary parties, they were not made parties to the said writ petition, (iv) In the aforesaid writ petition, the Municipality had agreed to take steps for removal of the encroachments by providing TIDCO houses to the encroachers by following due process and thereupon. the said writ petition was disposed of, vide order dated 02.04.2024, directing the Municipality to take steps for r^oval of the 4 VS,J W.P.No.4098 of 2025 r encroachments in accordance with law, by issuing notice to the encroachers and pass a reasoned order as expeditiously as possible, not later than three months from the date of receipt of a copy of the order. It is contended that, despite such specific directions, no notice issued to the petitioners, enabling them to submit their r was explanation. The petitioners further contend that recently, the Government has issued orders for regularization of occupation of Government lands and though the petitioners are eligible for regularization of their occupation in terms thereof, the respondent No.3-Municipality, without considering the same, is trying to dispossess them from the subject houses, in collusion with the unofficial respondents. It is further contended that on 12.02.2025 and 13.02.2025, the staff of respondent No.3 warned the petitioners to vacate the subject premises and threatened to dispossess them with the help of police force. Hence, the petitioners filed the present writ petition, seeking a direction to the respondents not to dispossess them without considering regularization of their occupation or providing alternatives houses. (V) 4. Today, when the matter came up for admission, learned Standing Counsel representing respondent No.3 has furnished a copy dated 14.02.2025 received from the of written instructions VS,J W.P.No.4098 of 2025 of respondent No.3-Munidpality, wherein it is stated that as per ground position, the petitioners have encroached eastern side of 40 feet public road in L.P.No.117/92 (Site-B Portion) by Commissioner constructing houses on the canal bund road. It is further stated that at R.S.Nos.42, 50/4 and 50/5 of present, 27 families are living in Bhimavaram Revenue Village, which is classified as Government side of 40’ public road in L.P.No.117/92 (Site-B land, and eastern Portion) in R.S.No.50/3. It is further stated that since the said land is of Water Resource Department, the said under the control Department has to issue notices to the petitioners for vacating their and respondent No.S-Municipality is not the residential house competent authority to do so. However, the municipal authorities have spoken to the petitioners and informed that they will take steps to allot alternative houses to the petitioners, but the petitioners are not willing to cooperate. It is further stated that the petitioners have not submitted any representation or documents to the S'"* respondent for allotment of sites/APTlDCO flats. However, it is stated that respondent No.3 house objection to consider allotment of houses to the petitioners, after examining their eligibility as per the relevant guidelines. Admittedly, the petitioners are encroachers of the Government land. The respondent No.3-Municipality, in the earlier writ petition - W.P.No.2339 of 2024 preferred by the unofficial respondents herein, has no 5. VS,J W.P.No.4098 of 2025 has admitted that all the encroachers fall below the poverty line and, therefore, agreed to consider their cases for allotment of TIDCO while taking steps to remove the encroachments. However, according to the written instructions furnished by the respondent No.3- Municipality in the present writ petition, the petitioners have not submitted any representation or documents for allotment of TIDCO houses, after disposal of the earlier writ petition. So far as the aspect of notice to the petitioners before removal of encroachments in terms of the earlier order of this Court is concerned, it is the stand of respondent No.3 that as the land is under the control of Water Resource Department, it is for the said Department to issue such notice to the petitioners, but however, the municipal authorities have spoken to the petitioners with regard to providing alternative accommodation and the Municipality is ready to consider their cases of TIDCO houses by examining their eligibility with houses of issuance for allotment reference to relevant guidelines. 6. In the above facts and circumstances and in view of the fact that respondent No.3- Municipality is willing to consider the cases of the petitioners for allotment of TIDCO houses as per their eligibility, this Court deems it appropriate to direct the petitioners to submit their applications to respondent No.3 - Municipality, seeking allotment of TIDCO houses, within two weeks from the date of receipt of this order. 7 VS,J W.P.No.4098 of 2025 Upon submission of such applications, the respondent No.3- Municipality shall consider the same in accordance with the relevant guidelines issued by the Government and pass appropriate orders as expeditiously as possible, preferably, within a period of six weeks thereafter. Till such time, the respondents are directed not to interfere with the possession of the petitioners over the subject houses, without following due process of law. With the above directions, the writ petition is disposed of. No 7. order as to costs. Interlocutory Applications, if any, pending in this writ petition shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Administration and Urban Development, State of Andhra Pradesh, Secretarial Buildings. Velagapudi, Guntur District. The District Collector, Bhimavaram, West Godavari District. The Commissioner, Bhimavaram Municipality, Bhimavaram West Godavari District. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. ssb r HIGH COURT DATED:19/02/2025 ORDER WP.No.4098 of 2025 ro * 11 MAR 2I?5 ^ . Currant Sectton DISPOSING OF THE W.P. WITHOUT COSTS