V V ■ ^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4416 OF 2025 Between: Y Subhash, S/o Y. Subbaiah, Aged about 33 years, Occ; Business, R/o D.No.2-51, Tirupathi Road, VTC Piler, Annamayya District, Erstwhile Chittoor District. ...Petitioner AND 1 The State of Andhra Pradesh, Represented by its Princip^ Secretary, Revenue Department, Secretariat buildings, Velagapudi, Guntur District. 2. The District Collector, Annamayya District at Rayachoty, Erstwhile Chittoor District. 3. The Tahsildar, Piler Mandal, Annamayya District 4. The Village Revenue Officer, Yerraguntlapalli Grama Panchayat, Piler Mandal, Annamayya 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 OF MANDAMUS declaring the action of the Respondents herein in illegally interfering and demolishing the petitioner's godown to an extent of 2201 Sq.yards, bearing Door Nos. 10-91 & 10-92 situated at Sy.No.762 of Yerraguntlapalli Village, Piler Mandal, Annamayya District, Erstwhile Chittoor District, without conducting any enquiry survey and without issuing any notice and following the due process of law, despite the petitioner has all the title and possession over the subject property as nothing but illegal, arbitrary, highhanded and violation of principles of natural justice apart from violation of Articles 14, 19, 21 and or T 300-A of The Constitution of India and consequently direct the respondents not to interfere/demolish the petitioner's property. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances may be not to interfere/demolish the petitioner's subject property to an extent of 2201 Sq.yards, bearing Door Nos. 10- 91 & 10-92 situated at Sy.No.762 of Yerraguntlapalli Village Mandal, Annamayya District, Erstwhile Chittoor District of the writ petition. stated in the affidavit filed in support of the petition, the High Court pleased to DIRECT the respondents , Piler pending disposal Counsel for the Petitioner: SRI SURESH KUMAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: KALAVA APHC010085522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4416/2025 Between; 1.Y. SUBHASH, S/0 Y. SUBBAIAH, AGED ABOUT 33 YEARS, OCC BUSINESS, R/0 D.NO.2-51, TIRUPATHI ROAD, VTC FILER, ANNAMAYYA DISTRICT, ERSTWHILE CHITTOOR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS DEPARTMENT, REVENUE PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY, ERSTWHILE CHITTOOR DISTRICT. 3.THE TAHSILDAR, FILER MANDAL, ANNAMAYYA DISTRICT 4.THE VILLAGE REVENUE OFFICER, YERRAGUNTLAPALLI GRAMA PANCHAYAT, FILER MANDAL, ANNAMAYYA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR REVENUE 2 % The Court made the following: Heard Sri P. Anand Surya, learned Counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Writ Petitioner and K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration. 2. This Writ Petition is listed by way of Lunch Motion, in view of urgency as projected by the Learned Counsel for the Writ Petitioner. Sri 3. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration has submitted the Written Instruction furnished by the Tahsildar, Pileru Mandal, dated 18.02.2025 along with the photocopies of Revenue Record. Copies of it are also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 4. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the various photographs as mentioned in Ex.P.9 and would submit that part of the godown has been demolished by the Official Respondents. The prayer sought in the main Writ Petition is as under; _...issue a WRIT OF MANDAMUS declaring the action of the Respondents herein in illegally interfering and demolishing the petitioner's godown to an extent of 2201 Sq.yards, bearing Door Nos. 10-91 & 10-92 situated at Sy.No.762 of Yerraguntlapalli Village Mandal, Annamayya District, erstwhile Chittoor District, without conducting any enquiry or survey and without issuing any notice and following the due process of law, despite the petitioner has all the title and possession over the subject property as nothing but illegal, arbitrary, highhanded and violation of principles of natural justice apart from violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere/demolis h the petitioner's property and pas such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. Filer 5. The above extract would indicate that the Writ Petitioner is seeking protection in respect of the land of an extent of 2201 D.Nos. 10-91 & 10-92) situated at Sy.No.762 of Yerraguntlapalli, Pileru Mandal. The Written Instruction would indicate that the Official Respondents square yards (bearing rr 3 are not interfering with any of the property of the Writ Petitioner, insofar as the property that is situated in Sy.No.762 of Yerraguntlapalli, Pileru Mandal. 6. Relevant portion of the Written Instruction is usefully extracted hereunder: 9 Brief facts narrating the grounds of issue of notice for eviction/dispossession of the petitioner The petitioner was trying to encroach the valuable government land to an extent of Ac. 0.16 cents in Sy.No.741/1 of Yerraguntlapalli village of piler Mandal by way of illegal construction. The land in Sy.No. 741/1 extent of Ac. 0.94 cents is classified as Anadinam (government land) as per revenue records. The petitioner with a malafide intention to grab valuable government land by using adjacent land registered documents in Sy.No. 762 of Yerraguntapalle village of Piler Mandal, encroaching the said valuable government land. Already action has been initiated and removed illegal encroachment on 13.02.2025 to safeguard the government land. 14 Whether remedy is available? If so whether it was Exhausted? any alternate prime 7. It is the case of the Respondents that the Writ Petitioner tried to encroach valuable Government land of an extent of Ac.0.16 cents in Sy.N.741/1 of Yerraguntlapalli, Pileru Mandal. The Writ Petitioner has placed reliance on the strength of registered Sale Deeds in respect of the subject land situated in Sy.No.762 of Yerraguntlapalli, Pileru Mandal. 8. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, in terms of the above extract, with a further direction to the Respondents to follow the due process of law, if any coercive action is sought to be initiated with regard to the property situated in Sy.No.762 of Yerraguntlapalli, Pileru Mandal is concerned which are covered by the Registered Sale Deeds. 9. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 4 10. Interlocutory Applications, if any, stand closed in terms of this order. SD/- K.KASI RAO ACHARI ASSISTANT REGISTRAR / i/ //TRUE COPY// SECTION OFFICER The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Guntur District. The District Collector, Annamayya District at Rayachoty, Erstwhile Chittoor District. The Tahsildar, Piler Mandal, Annamayya District. Revenue Officer, Yerraguntlapalli Grama Panchayat Piler Mandal, Annamayya District. ’ One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CD Copies To 1. 2. 3. 4. 5. 6. 7. RAM \A . HIGH COURT DATED:18/02/2025 19 FEB 2025 ^ ^ Current Seciion g» Co : ft ORDER WP.No.4416 of 2025 DISPOSING OF THE WP WITHOUT COSTS