APHC010168562026 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: 9061/2026 Between: 1. THOTA BABU RAO, S/O GANTAIAH, AGE ABOUT 66 YEARS, OCC CULTIVATION, R/O H.NO.5-63, SALIPET STREET, VADAPALLI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI - 522502 2. THE DISTRICT COLLECTOR, EAST DISTRICT AT RAJAMAHENDRAVARAM - 533101. 3. THE REVENUE DIVISIONAL OFFICER, KOVVUR REVENUE DIVISION AT KOVVUR -534350. 4. THE TAHSILDAR, KOVVUR MANDAL AT KOVVUR, EAST GODAVARI DISTRICT - 534350. ...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 Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioner from his property to an extent of Ac.0-10 cents in RS.No.216, situated at Vadapalli Village, Kovvur Mandal, East Godavari District, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to dispossess the petitioner from his property to an extent of Ac.0-10 cents in RS.No.216, situated at Vadapalli Village, Kovvur Mandal, East Godavari District 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 dispossess the petitioner from his property to an extent of Ac.0-10 cents in RS.No.216, situated at Vadapaili Village, Kovvur Mandal, East Godavari District, pending disposal of the above writ petition Counsel for the Petitioner: 1. K V L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This Writ Petition is filed questioning the action of the respondents in trying to dispossess the petitioner from his property to an extent of Ac.0-10 cents in RS.No.216, situated at Vadapalli Village, Kovvur Mandal, East Godavari District. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 31.03.2026, submits that in exercise of the powers, under Section 152 of the B.N.S.S. Act, 2023, the 4th respondent issued Form-21 dated 21.02.2026, directing the petitioner to remove the tree branches and other obstructions in Puttalamma Kattava pathway Salipeta area, Vadapalli Village, within 15 days or to appear before him on 10.03.2026, at 11.00 AM and to show cause as to why this order should not be enforced. Twenty (20) days time was given to submit his objections on the conditional order. 4. The petitioner attended on 10.03.2026 and submitted the representation and documents. The case was posted on 24.03.2026 for remarks on the representation and thereupon the Mandal Surveyor, Kovvur, was directed to inspect the site and obtain documents of the adjoining pathway and prepare rough sketch. The Mandal Surveyor, Kovvur, conducted the survey on 18.03.2026 and submitted a report before the 4th respondent. On examination of the report and documents of the south side boundaries, they reveal that there exists a pathway before the documents were registered and the pathway is also mentioned in the document Nos.1354/1992 and 1383/1965. The final orders are yet to be passed. The case is under examination and appropriate order will be passed on the merits of the case. 5. The petitioner was given an opportunity to file his objections with supporting documents as to why the conditional order should not be enforced. The petitioner filed his objections stating that there is a drainage pipe in the pathway, permission was given long back to remove the same, and the Panchayat Secretary stated that the pathway is only the way to drain the drainage water of the inhabitants of the area. The petitioner has also attended on 24.03.2026 and requested for adjournment for ten (10) days so as to file final objections on that date. Accordingly, for filing final objections, the matter was posted to 04.04.2026. Without availing that opportunity, he filed this writ petition. 6. In view of the above said facts and circumstances, recording the said written instructions of the 4th respondent, dated 31.03.2026, the 4th respondent is directed to complete the necessary enquiry strictly in accordance with law pursuant to the issuance of Form-21, conditional order dated 21.02.2026, under Section 152 of B.N.S.S. Act, as expeditiously as possible preferably within a period a three (03) months from the date of receipt of copy of this order. Within a period of three (03) weeks from the date of receipt of this order, the petitioner shall file additional explanation if any, enclosing all the necessary documents in support of his claim. The same may be considered by giving due opportunity to the petitioner and all other parties concerned and accordingly, it shall be decided on its own merits in the above said enquiry. 5. Accordingly, this Writ Petition is disposed of. Pending the aforesaid enquiry, there shall be an order of Status-quo as on today to be maintained with respect to the subject land. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN Date: 07.04.2026 CVD