APHC010176162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8907/2026 Between: 1. MEDISETTI SRINIVASA BABU, S/O. SUBBA RAO,, AGE 53 YEARS, OCC AGRICULTURIST R/O. H.NO.1-147/1, K. JAGANNADAPURAM, NEAR OLD PANCHAYATH, AINAVILLI MANDAL, DR.B.R. AMBEDKAR KONA SEEMA DISTRICT, AP. 2. 2. MEDISETTI RAMAMJA NEYA, S/O. SUBBA RAO,, AGE 49 YEARS, OCC BUSINESS, R/O. H.NO.1-147, K. JAGANNADAPURAM, NEAR OLD PANCHAYATH, AINAVILLI MANDAL, DR.B.R. AMBEDKAR KONA SEEMA DISTRICT, AP ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, AP 2. THE DISTRICT COLLECTOR, DR.B.R AMBEDKAR KONASEEMA DISTRICT, (ERESTWHILE, EAST GODAVARI DISTRICT) 3. 3. THE REVENUE DIVISIONAL OFFICER, AMALAPURAM DIVISION. DR. B.R.AMBEDKAR KONASEEM DISTRICT (ERSTWHILE, EAST GODAVARI DISTRICT) 4. 4. THE TAHSILDAR, AINAVILLI MANDAL, DR. B.R.AMBEDKAR KONASEEM DISTRICT 5. THE SECRETARY, K. JAGANNADAPURM GRAM PANCHAYAT, AINAVELLI MANDAL, DR. B.R AMBEDKAR KONASEEMA DISTRICT, 2 BKM,J W.P.No.8907 of 2026 AP. ...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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in attempting to demolish the petitioners shed situated in Ac.0.84 cents in Sy.No.73/4 of K. Jagannadapuram Village, Ainavelli Mandal, Dr. B.R. Ambbedkar Konaseema District, without following due process of law as illegal, arbitrary, unjust and violation of principles of natural justice and also violation of the Articles 14,21 and 300-A of the constitution and consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the 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 pleased to direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the said property and pass Counsel for the Petitioner(S): 1. A S NARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.8907 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4. 2. This writ petition is filed questioning the action of the respondents in attempting to demolish the petitioners’ shed situated in an extent of Ac.0.84 cents in Sy.No.73/4 of K. Jagannadapuram Village, Ainavelli Mandal, Dr. B.R. Ambbedkar Konaseema District, without following the due process of law. 3. The learned counsel for the petitioners refers to the resolution of the Grampanchayat dated 30.03.2024 and the proof of the residential certificate issued by the 4th respondent dated 05.03.2024. He also refers to the letter of the 2nd respondent addressed to the MPDO, SHO and the 4th respondent herein dated Nill/April, 2026 constituted a committee for eviction of encroachments, wherein, it was observed that the Committee will take immediate action for eviction of the unauthorized occupation, including removal of the shed constructed on the Government land, by following the due procedure ensuring the maintenance of law and order during the entire process. 4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 04.04.2026 submits that the 3rd respondent sent a notice to the 4th respondent to attend enquiry along with the record in the office of the 3rd respondent. Accordingly, the 4 BKM,J W.P.No.8907 of 2026 SHO, Amalapuram, Tahsildar, Ainavilli, Village Revenue Officer, K. Jagannadhapuram and Panchayat Secretray, Jagannadhapuram also attended for the said enquiry. The SRO, Amalapuram shown a certificate, said to have been issued from the Tahsildar’s office, Ainavilli on 05.03.2024, basing on that he has registered the said land on the name of Medisetti Srinivasa Babu and Medisetti Ramanjaneya. The alleged certificate was not issued from the office of the 4th respondent. The SRO, Amalapuram did not clarify with regard to the above said certificate from the office of the 4th respondent before registration. The Revenue Divisional Officer, Kothapeta opined that the said certificate was issued by the then Tahsildar, Aianvilli on 05.03.2024 is a fake document and instructed to file FIR against Sri Medisetti Srinivasa Babu S/o. Subbarao at Station House Office, Ainavilli so that he/she can take an action. Subsequently, the complaint was filed before the Station House Officer, Ainavilli with a request to register FIR bearing No.37/2026, dated 25.03.2026 against Sri Medisetti Srinivasa Babu S/o. Subbarao, Sarpanch of K Jaganadhapuram village, his brother Ramanjaneya and Village Revenue Officer, K.Jagannadhapuram u/s 336(1), 340(2), 318(4) r/w 3(5) BNS at station house office, Ainavilli. At present the said land is under the control of Panchayat Secretary, K.Jagannadhapuram and Village Revenue Officer, K.Jagannadhapuram. The respondents are not attempting to dispossess and demolish the said construction of the subject land. As per Revenue records the R.S.No.73/4 is classified as G.P. and noted in the remarks column under 11 as Gramakantam in RSR of K.Jagannadhapuram 5 BKM,J W.P.No.8907 of 2026 Village of Ainavilli Mandal. At the time of enquiry they did not show any permissions and taxes and as such the respondents are not interfering with the subject land. The subject land in an extent of Ac.0.17 cents is a Gramakantam land, which is vested with the Grampanchayat. The petitioners have no connection with the said land and it is not their ancestral property. 5. In view of the above said facts and circumstances, recording the said instructions of the 4th respondent dated 04.04.2026, the respondent Nos.2 to 5 are directed to deal with the subject land and the shed situated if any in an extent of Ac.0.84 cents in Sy.No.73/4 of K. Jagannadapuram Village, Ainavelli Mandal, Dr. B.R. Ambbedkar Konaseema District, strictly in accordance with law by following the due process of law. The said written instructions of the 4th respondent dated 04.04.2026 shall be made as part of the Court record. 6. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 07.04.2026 PGT