APHC010052362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3060/2026 Between: 1. CHENNU SRIVANI,, W/O SUDHAKAR, AGED 32 YEARS, R/O D.NO.17/359-1, BALIJAKOTA, PORUMAMILLA, YSR KADAPA DISTRICT, ANDHRA PRADESH- 516193. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, ANDHRA PRADESH - 521002. 3. THE DISTRICT PANCHAYAT OFFICER, YSR KADAPA DISTRICT, ANDHRA PRADESH - 521002. 4. THE TAHSILDAR, PORUMAMILLA MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH - 521002. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PORUMAMILLA MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH - 521002. 6. THE PANCHAYAT SECRETARY, PORUMAMILLA, YSR KADAPA DISTRICT, ANDHRA PRADESH - 521002. 7. THE VILLAGE REVENUE OFFICER, PORUMAMILLA GRAM p. 2 PANCHAYAT, PORUMAMILLA, YSR KADAPA DISTRICT, ANDHRA PRADESH – 521002 8. THE GRAM PORUMAMILLA PANCHAYAT, REP BY ITS SECRETARY PORUMAMILLA MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH- 516 001. R8 IS IMPLEADED AS PER THE COURT'S ORDER DT.10.02.2026 IN I.A.NO.02 OF 2026 ...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, declaring the action of the respondents particularly Respondents No.2 to 7, in attempting to demolish and interfere with the peaceful possession of the petitioner's Tin House situated in an extent of Ac.0.03 cents bearing House No.17/359-1 ofPorumamilla Gram Panchayat and Mandal, YSR Kadapa District, Andhra Pradesh, without issuing any notice and without following due process of law, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to demolish the petitioner's Tin House and not to dispossess the petitioner except in accordance with 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 to direct the respondents not to demolish the petitioner's Tin House situated in an extent of Ac.0.03 cents bearing House No. 17 / 359- l of Porumamilla Cram Panchayat and Mandal, YSR Kadapa District, Andhra Pradeshand not to dispossess the petitioner except in accordance with law pending disposal of the above writ petition and to pass IA NO: 2 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 may be pleased to implead the proposed respondent as Respondent No.8 in W.P No. 3060 of 2026 and pass p. 3 Counsel for the Petitioner: 1. THOTA ASHOK KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: :: ORDER :: The above writ petition was filed to declare the action of respondents 4 & 8 in attempting to demolish a tin house situated in an extent of Ac.0.03 cents bearing D.No.17/359-1 of Porumamilla Gram Panchayat and Mandal, YSR Kadapa District, without issuing any notice, as illegal and arbitrary. 2. Heard Sri T. Ashok Kumar, learned counsel for the petitioner; Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondents 1 & 3; Ms. Usha, learned Assistant Government Pleader for Revenue appeared for respondents 2, 4 & 7 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel appeared for respondents 5, 6 & 8. 3. Learned counsel for the petitioner would submit that respondent No.4, by proceedings Ref.No.EKSAL No.1/9/92, dated 12.01.1992, assigned Ac.4.15 cents in Sy.No.165 (Kalva Poramboke) of Proumamilla Village, to the petitioner’s grandfather. The petitioner’s grandfather cultivated the land, and after his demise, the agricultural land was devolved upon the petitioner’s father, namely Raghu Ramaiah. The petitioner’s father conveyed Ac.0.03 cents to the petitioner under a registered Gift Deed. The petitioner raised a tin house for residential purposes. The electricity department released the power connection vide SC.No.2633101010991. While the matter stood thus, the respondents 4 & 8 came to the land on 30.01.2026 & 31.01.2026 and threatened the petitioner to vacate the shed. p. 4 4. The writ petition was listed on 03.2.2026 and thereafter on 10.02.2026. 5. Today, when the matter is taken up, Ms. Kavitha, learned counsel appearing for respondents 5, 6 & 8 submitted the written instructions of Panchayat Secretary of respondent No.8. As seen from the instructions, the authority is not interfering with the house bearing D.No.17/359-1 situated at Porumamilla Village. 6. Ms. Usha, learned Assistant Government Pleader for Revenue, submitted the written instructions of respondent No.4. As seen from the instructions, Ac.4.18 cents in Sy.No.165 of Porumamilla Village is classified as Canal as per RSR. The petitioner made an unauthorised encroachment upon the watercourse poramboke. The authority will initiate action in accordance with the law. 7. Thus, as seen from the instructions of respondent No.4, respondent No.4 intends to follow the due procedure of law regarding the construction made by the petitioner by encroaching upon the watercourse poramboke. In fact, as seen from the Eksal patta-Ex.P1, Ac.4.15 cents in Sy.No.165 (Kalva Poramboke) of Proumamilla Village was assigned for one year to cultivate the land. 8. Since respondent No.4 intends to follow due procedure of law, keeping the writ petition will not serve any purpose and hence, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondent No.4 to follow due procedure of law in respect of D.No.17/359-1 situated at Porumamilla Village. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 16.02.2026 TVN p. 5 228 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.3060 OF 2026 Date: 16.02.2026 TVN