APHC010067802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3988/2026 Between: 1. ADDALA RAVINDA VARMA, S/O LATE RAMACHANDRA RAJU. AGED ABOUT 49 YEARS, R/O 10-47, DURGANAGAR, R.P.V. PURAM POST, VISAKHAPATNAM - 29 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MA AND UD) DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 522237. 2. THE DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, VISAKHAPATNAM,530002. 3. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATIO, (GVMC) REPRESENTED BY ITS ZONAL COMMISSIONER, ZONE-8, VISAKHAPATNAM,530001. 4. THE TAHASILDAR, PENDURTHI MANDAL, PENDURTHI, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH,531173. 5. SRI VARAHA LAKSHMI NARASIMHA SWAMYVARI DEVASTANAM REPRESENTED BY ITS EXECUTIVE OFFICER, SIMHACHALAM, VISAKHAPATNAM DISTRICT. 530028. 6. THE DEPARTMENT OF ENDOWMENTS, REPRESENTED BY ITS COMMISSIONER, PENDURTHI, VISAKHAPATNAM DISTRICT. 2 531173. ...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 topleased to issue Writ, Ordr, or direction, more particularly in the nature of Mandamus, declaring the action of the Respondents, more particully, the 5th Respondent in interfering with the peaceful possession and enjoyment of the Petitioners site in an extent of 689.22 sq. yards, including five shop rooms constructed therein, and situated in Survey No. 197/A-3, Vepagunta Village and Gram Panchayat, Pendurti Mandal, Visakhapatnam, bounded by East Another Vacant site belonging to the Petitioner South Road West Main Road leading from Simhachalam to Gopalapatnam North House belonging to Sastry garu in Plot No. 12, twithout following due process of law and violative of Articles 14,19,21, and 300-A of Constitution of India and contrary to the provisions of the Right to Fair Compensation and Transparency in Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently, direct the Respondens not to interfere with the peaceful possession and enjoyment of the Petitioner over the above said property and 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 may be pleased to direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioner’s site in an extent of 689.22 sq. yards, including five shop rooms situated in Survey No. 197/A-3, Vepagunta Village and Gram Panchayat, Pendurti Mandal, Visakhapatnam, without following due process of law, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. RAYAPROLU SRIKANTH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR ENDOWMENTS 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3988/ 2026 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner’s site in an extent of 689.22 sq.yds including five shop rooms constructed therein, situated in Sy.No.197/A-3, Vepagunta Village and Gram Panchayat, Pendurti Mandal, Visakhapatnam as illegal and arbitrary; consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of 412.22 sq.yds situated in Sy.No.197/A-3, Vepagunta Village and Gram Panchayat, Pendurthi Mandal, Visakhapatnam having acquired the same through a registered sale deed dated 30.01.1999. Later, the petitioner herein also purchased the abutting land admeasuring to an extent of 277 Sq.yds situated in Sy.No.197/A-3 through a registered sale deed dated 25.01.2000. Both extents of land are abutting to each other as contiguous and totaling to an extent of 689.22 Sq. yds. While so, without following the due procedure as contemplated under the provisions of Right to Fair Compensation and 4 Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or the procedure under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the respondents are interfering with the peaceful possession and enjoyment of the subject property of the petitioner. Aggrieved by the same, the petitioner herein preferred the present writ petition. 4. During hearing, learned counsel for the petitioner without touching into the merits of the case, requested this Court to issue a direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 5. On the other hand, learned Government Pleader for the respondents submits that, if the petitioner is in unauthorized possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent authorities to follow due procedure as contemplated under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or the procedure under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, if the occupation of the petitioner in 5 respect of the subject land is found unauthorized. Further, the respondents are at liberty to follow the procedure contemplated under law for eviction of the petitioner. Till initiation of such procedure, the respondents are directed not to evict the petitioner from the subject property. 7. With the above direction, the writ petition is disposed of, with the consent of both the learned counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:13.02.2026 BSP 6 60 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:3988/2026 Date:13.02.2026 BSP