APHC010015482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1905/2026 Between: 1. VASIREDDY DURGAMMA ALIAS VASIREDDY DURGA, W/O. VASIREDDY NAGESWARA RAO, AGED ABOUT 54 YEARS, R/O. D.NO. 1-34, AKKAMPETA VILLAGE, JANGAREDDIGUDEM MANDAL, ELURU DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN CODE NO. 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN CODE NO. 522238. 3. THE DISTRICT COLLECTOR, ELURU DISTRICT, COLLECTORATE CAMPUS, AMEENAPET. ELURU, ELURU DISTRICT, ANDHRA PRADESH, PIN CODE NO.534006. 4. THE REVENUE DIVISIONAL OFFICER, AMEENAPET, NEAR BUS STATION, VIJAYAWADA ROAD, ELURU DISTRICT, ANDHRA PRADESH-534006. 5. THE TAHSILDAR, JANGAREDDIGUDEM MANDAL, ELURU DISTRICT, ANDHRA PRADESH, PIN CODE NO.534006. 2 6. AKKAMPETA GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, AKKAMPETA VILLAGE, JANGAREDDIGUDEM MANDAL, ELURU DISTRICT, ANDHRA PRADESH, PIN CODE NO. 534455. ...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 an appropriate Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of respondents in trying to dispossess the Petitioner by interfering with her peaceful possession over the patta land in Plot No.62, admeasuring to an extent Ac.0.05 cents of Akkampeta Village, JangareddigudemMandal, Eluru District and thereby trying to lay a road in an unauthorized manner without issuing any notice or receiving explanation as unjust, arbitrary, amounts to infringement of Fundamental Right of the petitioner guaranteed under Article 21 of the Constitution of India and thereby direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner's property situated in Plot No.62, admeasuring to an extent Ac.0.05 cents cents of Akkampeta Village, JangareddigudemMandal, Eluru District preventing any illegal attempts of encroachment, road-laying or interference being made by Respondents 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 to direct all Respondents not to lay a road or dispossess the petitioner from the land in Plot No.62, admeasuring to an extent Ac.0.05 cents cents of Akkampeta Village, JangareddigudemMandal, Eluru District and further restrain Respondents from entering upon, interfering with, altering, or attempting to dispossess the Petitioner from the said property pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. KOLLURU SATISH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 2. GP FOR REVENUE The Court made the following : s ::ORDER :: Heard Ms. Deepthi, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, for the 1st respondent, Sri T.Sanjeev Rao, learned Assistant Government Pleader for Revenue for the respondents 2 to 5 and Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 6th respondent. 2. The petitioner filed the above writ petition to declare the action of respondents 5 and 6 in trying to interfere with her peaceful possession and enjoyment of Plot No.62, to an extent of Ac.0.05 cents situated at Akkampeta Village, Jangareddigudem Mandal, Eluru District, without issuing any notice, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the 5th respondent assigned Ac.0.05 cents in Plot No.62, Block No.71/B, Akkampeta Village, to the petitioner vide Roc.No.63/2002(A) dated 19.02.2002. The petitioner has been in possession and enjoyment of the said property. 4. Be that as it may, the respondents 5 and 6 are trying to dispossess the petitioner from the subject property without issuing any notice. 5. Sri Sanjeev Rao, learned Assistant Government Pleader for Revenue, submitted instructions of the Tahsildar, Jangareddigudem-5th respondent and 4 Sri Chaitanya, learned counsel, submitted instructions of the Panchayat Secretary, Akkampeta Village-6th respondent. 6. A perusal of the instructions, would disclose that neither the 5th respondent nor the 6th respondent is interfering with the peaceful possession and enjoyment of the petitioner in respect of Ac.0.05 cents of house site. The instructions would further disclose that the petitioner encroached upon the common pathway. In fact, a notice dated 09.04.2025 was issued to the petitioner. The petitioner, without disclosing the issuance of the said notice, filed the above writ petition. 7. Thus, as seen from the writ affidavit and the instructions, there is no dispute regarding assignment of patta in favour of the petitioner and her possession over the said land. As per the instructions of the respondents 5 and 6, they are not interfering with the petitioner’s possession over Ac.0.05 cents. The instructions of the 6th respondent would disclose that a notice dated 09.04.2025 was issued to the petitioner regarding the encroachment and the authorities will follow the due procedure. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of the admission, with the consent of all the learned counsel directing the respondents 5 and 6 not to interfere with the petitioner’s possession of Ac.0.05 cents in Plot No.62, Block No.71/B, Akkampeta Village, without following due process of the law. There shall be no order as to costs. 5 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 23.01.2026 SNI 6 125 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1905 OF 2026 Date: 23.01.2026 SNI