APHC010008692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 554/2026 Between: 1. MANKU VEERA BRAHMAM, S/O SUBRAHMANYAM, AGED ABOUT 65 YEARS, OCC. BUSINESS, R/O D.NO.3-199, MAIN ROAD, AINAVILLI VILLAGE, AINAVILLI MANDAL, DR.B.R AMBEDKAR KONASEEMAIDT. PINCODE-533211. 2. KUDIPUDI SATYAVATHI, W/O BHEEMA SHANKARAM, AGED ABOUT 60 YEARS OCC. BUSINESS R/O.3-198(NEW 3-242) MAIN ROAD, AINAVILLI VILLAGE, AINAVILLI MANDAL, DR.B.RAMBEDKAR KONASEEMA DT. PINCODE-533211 3. KADALI VENKATA RAMANA, S/O BHUSHANAM, AGED ABOUT 61 YEARS, OCC. BUSINESS, R/O 3-15, MAIN ROAD,AINAVILII VILLAGE, AINAVILLI MANDAL, DR.B.RAMBEDKAR KONASEEMA DT. PINCODE-533211 ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS PIN CODE- 522503. 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. AMALAPURAM. PIRICODE-533201. 3. THE TAHSILDHAR, AINAVILLI MANDAL, AINAVILLI, DR. B.R.AMBEDKARKONASEEMA DISTRICT. PINCODE-533211. 4. THE AINAVILLI GRAMA PANCHAYATH, REP BY ITS SECRETARY, AINAVILLI VILLAGE AIHAVILLI MANDAL,DR.B.R AMBEDKAR KONASEEMA DT. PINCODE-533211. 2 5. THE STATION HOUSE OFFICER, AINAVILLI POLICE STATION, AINAVILLIMANDAL,DR.B.R AMBEDKAR KONASEEMA DT. PINCODE-533211. ...RESPONDENT(S): 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 to declaring the action on the part of the respondents No.3 and 4 herein without issued notice/ without following due procedure contemplated under the law trying to dispossess the petitioners from their residential houses situated in Rs N0.196/3B an extent of ac 0.02 Cents in Door No 3-139 and the 2nd petitioner D.No 3-138 (New No 3-242) and the 3rd petitioners Door No 3-15 situated at Ainavilli village, Ainavilli Mandal , Dr.B.R Ambedkar Konaseema Dt as illegal arbitrary and violative of 21 and 300 A of the Constitution of India and consequentially to direct the respondents not to interfere with thepetitioners possession and enjoyment of the properties in RS No 196/3B without following the due process of law and to pass IA NO: 1 OF 2026 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 Pleased to direct the respondents No.3 & 4 herein not to dispossess the petitioners from the respective houses / sheds which are situated in Rs No.196/3B an extent of ac 0.02 Cents in Door No;3-139 and the 2nd petitioner D.No:3-138 (New No:3-242) and the 3rd petitioner's Door No:3-15 situated at Ainavilli village, Ainavilli Mandal , Dr.B.R Ambedkar Konaseema Dt pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.554 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents No.3 and 4 herein without issued notice/without following due procedure contemplated under the law trying to dispossess the petitioners from their residential houses situated in Rs No.196/3B an extent of Ac.0.02 Cents in Door No.3-139 and the 2nd petitioner D.No.3-138 (New No.3-242) and the 3rd petitioners Door No.3-15 situated at Ainavilli village, Ainavilli Mandal , Dr.B.R Ambedkar Konaseema Dt, as illegal arbitrary and violative of 21 and 300 A of the Constitution of India and consequentially to direct the respondents not to interfere with the petitioners possession and enjoyment of the properties in RS.No.196/3B without following the due process of law and to pass such other order or orders…” 2. The short grievance of the petitioners is that the respondent No.4-Gram Panchayath is trying to dispossess the 1st petitioner from the land in Rs.No.196/3B an extent of Ac.0.02 Cents in Door No.3-139; the 2nd petitioner from premises bearing D.No.3-138 (New No.3-242); and the 3rd petitioner from premises bearing Door No.3-15 of Ainavilli Village, Ainavilli Mandal , Dr.B.R Ambedkar Konaseema District, without following due process of law. 3. Heard Sri Bokka Satyanarayana, learned counsel for petitioners and Sri T.Praveen Kumar, learned counsel, representing Sri T.Y.Koteswara Rao, learned Standing Counsel for respondent No.4. 4. Learned counsel for the petitioners submitted that the petitioners are in lawful possession and enjoyment of subject properties and have been paying taxes to the Gram Panchayat. To demonstrate their possession, the 1st petitioner filed possession certificate, the 2nd petitioner filed house tax receipts and the 3rd petitioner filed electricity bill. 4 5. The learned counsel for the petitioner has argued that when the Sri Siddi Vinayaka Swamy Temple, represented by committee, attempted to dispossess the petitioner Nos.1 and 2 from the very same subject property, petitioner Nos.1 and 2 filed W.P.No.17780 of 2023, then they sought a direction from this Court not to be dispossessed without due process of law, which was granted, hence prayed to pass a similar order as delivered in the above said writ petition. 6. On the other hand, Sri T.Praveen Kumar, learned counsel representing Sri T.Y.Koteswara Rao learned Standing Counsel for respondent No.4, submitted that the respondents are not interfering with the petitioners’ properties. The R&B Department has addressed a letter to the Gram Panchayat, stating that land belongs to the R&B Department. 7. In view of the said circumstances, the present Writ Petition is disposed of directing the respondents not to dispossess the petitioners from the subject properties without following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 07.01.2026 KBN 5 46 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.554 of 2026 Date: 07.01.2026 KBN