IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) It o m 1^' TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE O i PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5156 OF 2025 Between: Palaparthi Prabhudas, S/o Musalaiah, Aged about 55 years, Occ: Coolie, R/o D.No 37-1-22/261, Plot No. 10, Pragathi Nagar, Colony, Ongole, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, Ongole, Prakasam District Andhra Pradesh. 3. The Revenue Divisional Officer, Ongole Mandal, Prakasam District, Andhra Pradesh. 4. The Tahsildar, Ongole, Prakasam District, Andhra Pradesh. ...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 direction, more particularly one in the nature of WRIT OF MANDAMUS, questioning the action of the respondents especially the Respondent No.4 in interfering with the peaceful possession of the petitioner^ property and threatening the petitioner that they would dispossess from her land in Survey No. 63/1, Plot No. 12 of Ongole Mandal, Ongole Municipal Corporation, Ongole Town, Prakasam District and trying to disposes the petitioner forcefully and high handedly under political pressure, without any notice and without following the procedure contemplated under land acquisition act and without following the due process of law established by law as being illegal and arbitrary and violative 14, 21 and .j ^■^ipSprinciples of Natural Justice apart from violation of Articles ■foO-A of the Constitution r of India. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents especially Respondent No. 4 not to take any coercive steps against the petitioner by dispossessing her from the land in Survey No. 63/1, Plot No. 12 of Ongole Mandal, Ongole Municipal Corporation, Ongole Town, Prakasam District pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SHAIK ASIF Counsel for the Respondent Nos. 1 to 4: SRI K.ARJUN CHOWDHARY ASST.GP FOR REVENUE The Court made the following: ORDER C ■ APHC010097082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] r TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5156/2025 Between; 1.PALAPARTH1 PRABHUDAS, S/0 MUSALAIAH, AGED ABOUT 55 YEARS, OCC COOLIE, R/0 D.NO 37-1-22/261, PLOT NO. 10, PRAGATHI NAGAR, COLONY, ONGOLE, PRAKASAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, PRINCIPAL SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, ONGOLE MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 4.THE TAHSILDAR, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1.SHAIKASIF Counsel for the Respondent{S): 2 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri Shaik Asif, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the Written Instructions furnished by the Tahsildar of Ongole, Prakasam District, dated 25.02.2025. Copy of it is served on the Counsel for the Writ Petitioner and the same is taken on record. The relevant portion of the Written Instructions is usefully extracted 2. 3. hereunder: “In this connection, the following instructions are submitted. In this connection, it is submitted that the Village Revenue Officer, of Mamidipalem village of Ongole Mandal has reported that the Sy.No. 63/1 full extent is Ac. 41-96 cents and classified as Hill poramboke as per village accounts of Mamidipalem village. But the writ petitioner has encroached the land by erecting the house with asbestos sheet in the same survey No. land which was allotted to the A.P.N.G.Os housing Corporation Ltd, and who paid market value to the Government. But no notices were issued to the writ petitioner u/s 7 and 6 under Land Encroachment Act, 1905 so far. If the writ petitioner is encroached the site which was allotted to the A.P. N.G.Os Housing Corporation Ltd, then the writ petitioner will be evicted by following due process of law.. ” The above extract would indicate that the Writ Petitioner has encroached upon the land by erecting a house with an asbestos sheet in the same survey number, which was allotted to the A.P. N.G.Cs Housing Corporation Limited. It is also stated in the Written Instructions that the Cfficial Respondents would follow the due process of law for evicting the Petitioner. Having regard to the above extract, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the 4. 5. 3 € ' merit, directing the Official Respondents to follow the due process of law if any coercive action is sought to be taken against the Writ Petitioner in the future. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. L 6. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- N. NAGAMMA ASSISTANT REGISTRAR 7. //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Ongole, Prakasam District, Andhra Pradesh. The Revenue Divisional Officer, Ongole Mandal, Prakasam District, Andhra Pradesh. The Tahsildar, Ongole, Prakasam District, Andhra Pradesh. One CC to Sri Shaik Asif, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. gi HIGH COURT DATED:04/03/2025 ORDER WP.No.5156 of 2025 I ) I MAR 2025 n Current ueciion . ^ ^^££SPATC««2rr^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS