APHC010223112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11211/2026 Between: 1. KETHU AADILAKSHMI, S/O AADINARAYANA REDDY ,AGED ABOUT63 YEARS, OCAGRICULTURIST,R/O.DUGGUNTA RAJUPALEM VILLAGE PODAALAKUR MANDAL,SPSR NELLORE DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT., A.P. 2. THE DISTRICT COLLECTOR, NELLORE SPSR NELLORE DISTRICT, A.P. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PODALAKUR MANDAL, SPSR NELLORE DISTRICT, A.P. 4. THE PANCHAYAT SECRETARY, DUGGUNTA RAJUPALEM GRAM PANCHAYAT, PODALAKUR MANDAL, SPSR NELLORE DISTRICT 5 THE MANDAL REVENUE OFFICER, PODALAKUR MANDAL, SPSR NELLORE DISTRICT. ...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 or order or direction more particularly a Writ of Mandamus to declare action of the Respondent No.3 and 4 in attempting to dispossess the petitioner House Assessment No.478 on the land admeasuring 0.05 cents in Survey No.428 , 429 and an extent of 0.20 Ankanas in Sy.No.437 which is vacant land situated at Duggunta Rajupalem Village, Podalakur Mandal, SPSR Nellore District without following due process of law,illegal, arbitrary, violation of Principles of natural justice and violation of the Article-14,21 and 300-A of the Constitution of India and Consequently direct the respondent No.3 and 4 Not to interefere with the petitioners peaceful possession and enjoyment 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 to direct the Respondent No.3 and 4 to maintain status quo in respect of the petitioners property House Assessment No.478 on the land admeasuring 0.05 cents in Survey No.428 , 429 and an extent of 0.20 Ankanas in Sy.No.437 which is vacant land situated at Duggunta Rajupalem Village, Podalakur Mandal, SPSR Nellore District and restrain the respondents from dispossessing the petitioner or proceeding with construction of water plant pending the above Writ petition and be pleased 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.5 in the above W.P No. 11211 of 2026 and pass Counsel for the Petitioner: 1. AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: :: ORDER :: The above writ petition was filed to declare the action of respondents 3 & 4 in attempting to dispossess the petitioner from the house bearing Assessment No.478 in an extent of Ac.0.05 cents in Sy.No.428 & 429 and Ac.0.20 ankanas in Sy.No.437, the vacant land situated in Duggunta Rajupalem Village, Podalakur Mandal, SPSR Nellore District, without following due procedure of law, as illegal and arbitrary. 2. Heard Sri Akkem Srihari Virat, learned counsel for the petitioner, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondent No.1, Ms. Usha, learned Assistant Government Pleader for Revenue appeared for respondent No.2 and Sri Hruthik, learned counsel representing Sri M. Sudhir, learned Standing Counsel appeared for respondents 3 & 4. 3. Learned counsel for the petitioner would submit that respondent No.5 – Tahsildar, issued a possession certificate in favour of the petitioner vide File No.902/2019 dated 30.09.2019 in Sy.No.437, without mentioning the extent. Respondent No.5 also issued a possession certificate to the petitioner’s husband vide file No.1817/1415-I/06 in respect of an extent of Ac.0.03 cents. The allottee raised construction in Sy.Nos.428, 429 with RCC building. In respect of land in Sy.No.437, no construction was made. Be that as it may, respondents 3 & 4, without issuing any notice, attempted to dispossess the petitioner to construct the water plant in Sy.No.437. 4. Ms. Usha, learned Assistant Government Pleader for Revenue submitted the written instructions of respondent No.5. A perusal of written instructions would indicate that Sy.Nos.428, 429 & 437 of Dugguntarajupalem H/o Duggunta Village, Podalakur Mandal, SPS Nellore is classified as Dotted land as per RSR. In the year 2019, possession certificates were issued vide file No.902/2019, dated 30.09.2019 to the petitioner in Sy.No.437, without mentioning the extent. The same was recorded in possession certificate register at Sl.No.1. However, the petitioner has not raised any construction and it is vacant on ground. In respect of Ac.0.03 cents, possession certificate was issued to the petitioner’s husband vide file No.1817/1415-1, dated Nil.05.2006. The allottee raised construction and RCC building is existed. 5. Thus, as seen from the written instructions of respondent No.5, there is no dispute regarding issuance of possession certificates vide Exs.P2 & P3. The attempt made by Respondents 4 and 5, to construct a water plant at Sy.No.437, without following due process of law, despite the possession certificate issued to the petitioner vide Ex. P2, is impermissible. 6. Since there is no dispute regarding the genuineness of Exs.P2 and P3, keeping the writ petition pending, inviting a counter-affidavit, will not serve any purpose. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of learned counsel appearing on either side, directing the respondents 3 & 4 not to interfere with the petitioner’s possession and enjoyment of house bearing Assessment No.478 in an extent of Ac.0.05 cents in Sy.No.428 & 429 and Ac.0.20 ankanas in Sy.No.437, the vacant land situated in Duggunta Rajupalem Village, Podalakur Mandal, SPSR Nellore District, without following due procedure of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 06.05.2026 TVN 226 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.11211 OF 2026 Date: 04.05.2026 TVN