APHC010128732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6408/2023 Between: 1. ALIGI YOHAN, S/O. THAVITAIAH,.AGED 38 YEAR 2. ALIGI VARADA RAJU, S/O. DHALESU, AGED 42 YEARS 3. SANAPALA SANJEEVI,, W/O. DHANUNJAY RAO, AGED 45 YEARS 4. KANAMATI MUSALAIAH,, S/O. LAKHSMAIAH, AGED 62 YEARS 5. SIPANI NAGA VENKATA LAKSHMI, , W/O. APPA RAO, AGED 42 YEARS 6. ALIGI LAKSHMAN RAO,, ALIGI LAKSHMAN RAO, S/O. NARASIMHULU, AGED 52 YEARS, 7. RAGOLU RAMA LAKSHMI,, W/O. VENKATESWARA RAO, AGED 56 YEARS 8. JAKA MAHA LAKSHMUDU,, S/O. MUSALAIAH, AGED 68 YEARS 9. CHINTADA PEDDA KRISHNA,, S/O. PEDDA SOMANNA, AGED 75 YEARS, 10. SENAPATHI MANIKYAM,, S/O. APPANNA, AGED 65 YEARS 11. GUMMALA SATYAVATHI,, W/O. BABU RAO, AGED 49 YEARS, 12. THADISETTI SRINIVASA RAO,, S/O. APPA RAO, AGED 46 YEARS 13. GUNDUSAI NOOKA RAJU,, S/O. POTHU RAJU, AGED 45 YEARS, 14. PALLA SRINIVASA RAO,, S/O. BHEEMA RAJU, AGED 59 YEARS 2 15. SURABATTULA SRINIVASA RAO,, S/O. SANYASI, AGED 57 YEARS, 16. BODDU CHANDRA SEKHAR RAO,, S/O. ANJAIAH, AGED 65 YEARS, 17. KOTTAPALLI APPALA NAIDU, S/O. THALUPULU, AGED 48 YEARS, 18. AGGALA NAGA VENKATA MURALI KRISHNA,, S/O. SATYANARAYANA, AGED 40 YEARS, 19. MEDAPUREDDY SURYA APPA RAO,, S/O. KONDALA RAO, AGED 45 YEARS 20. ALIGI NOOKA RAJU, S/O. APPALA SWAMY, AGED 58 YEARS, 21. AGGALA SATYANARAYANA,, S/O. ADI NARAYANA, AGED 66 YEARS, 22. MARADA ANANDA BABA,, S/O. VENKANNA, AGED 72 YEARS, 23. GANJI KANAKA RANGA RAO, S/O. RAMU, AGED 35 YEARS, 24. GURRAM VEERA VENKATA SATYANARAYANA,, S/O. GURUNADHA RAO, AGED 50 YEARS, 25. KOTTA SRINIVASA RAO,, S/O. RAMA KRISHNA, AGED 41 YEARS 26. YARROJU CHIRANJEEVI,, S/O. SUBBA RAO, AGED 37 YEARS, 27. NUKALA SURYAVATHI,, W/O. RAJA GOPALA RAO, AGED 73 YEARS, 28. LOKINA SATYANARAYANA,, S/O. VENKANNA, AGED 41 YEARS, 29. SANKU BHASKARA RAO,, S/O. SRISAILAM, AGED 58 YEARS, 30. NUKALA SIVA KUMAR,, S/O. HANUMANTHA RAO, AGED 63 YEARS, 31. YENUGUPALLI HARI PRASAD,, S/O. NAGESWARA RAO, AGED 38 YEARS, 32. KARRI SRINIVASA RAO,, S/O. SIVUDU, AGED 56 YEARS, 33. SRI PERAMBUDURI GOPALA KRISHNA,, S/O. SRI RAMAMURTHY, AGED 60 YEARS, 3 34. GULIPALLI TATAJI,, S/O. RANGA RAO, AGED 60 YEARS, 35. GULIPALLI DURGA PRASAD,, S/O. TATAJI, AGED 29 YEARS, 36. MATHU NAGA PUMA CHANDRA PHANI KISHORE,, S/O. CHINNAIAH, AGED 29 YEARS, 37. KARANAM HARI PRASAD,, S/O. SIMHA CHALAM, AGED 45 YEARS, 38. KARANAM SRINU,, S/O. APPANNA, AGED 37 YEARS, 39. KILLI ANANTHA LAKHSMI,, W/O. VEERA BABU, AGED 37 YEARS, 40. KARANAM PRAKASA RAO,, S/O. APPA RAO, AGED 69 YEARS, 41. DHUBA NAGA MANI,, S/O. RAMA RAO, AGED 41 YEARS, 42. DHUBA SRINIVASA RAO,, S/O. NEELAIAH, AGED 52 YEARS, 43. PULAKURTHI KOTESWARA RAO,, S/O. APPA RAO, AGED 42 YEARS, 44. DHUBA KOTESWARA RAO,, S/O. NEELAIAH, AGED 50 YEARS, 45. MARADA SANYASI RAO,, S/O. VENKANNA, AGED 54 YEARS, 46. MARADA BALA KRISHNA,, S/O. VENKANNA, AGED 57 YEARS, 47. THIDA PADMA,, W/O. SATTAIAH, AGED 41 YEARS, 48. THAMMIREDDY PARAIAH, S/O. RAMULU, AGED 60 YEARS, 49. THAMMIREDDY VENKATESWARA RAO, S/O. RAMULU, AGED 54 YEARS, 50. BODDU ACHAYAMMA, W/O. THOUDU, AGED 70 YEARS, 51. THAMMIREDDY LAKSHAMANA RAO, S/O. RAMULU, AGED 63 YEARS, 52. THAMMIREDDY RAMA RAO, S/O. RAMULU, AGED 67 YEARS, 53. THAMMIREDDY DURGA RAO, S/O. LAKSHMANA RAO, AGED 60 YEARS,S/O. ANJANEYULU, AGED 61 YEARS, 54. MAGANTI SEETHA RAMAIAH, S/O ANJANEYULU,AGED 61 YEARS 55. GANJ I VENKATESWARA RAO, S/O. SEETHA RAMULU, AGED 71 4 YEARS, 56. CHIPPATI VENKAYAMMA, W/O. VEERANNA, AGED 70 YEARS, 57. KOMARAPU RAMU, S/O. RAMU, AGED 39 YEARS, 58. NAALI APPA RAO, S/O. APPALA SWAMY, AGED 75 YEARS, 59. VEMA VENKATESWARA RAO, , S/O. NARAYANA RAO, AGED 57 YEARS, 60. MESALA BHANUMATHI, W/O. RANGA RAO, AGED 69 YEARS, ALL THE PETITIONERS ARE R/O. KAIKARAM VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR PANCHAYAT WING, ELURU DISTRICT AT ELURU. (FORMERLY WEST GODAVARI DISTRICT). 3. DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU. (FORMERLY WEST GODAVARI DISTRICT). 4. KAIKARAM GRAM PANCHAYAT, REP BY ITS EXECUTIVE AUTHORITY -CUM-PANCHAYAT SECRETARY, KAKIRAM VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. CAUSE TITLE IS AMENDED AS PER COURT ORDER DT.10.05.2023 VIDE ORDER PASSED IN I.A NO.2 OF 2023. 5. TAHSILDAR, UNGUTURU MANDAL, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). 6. ASSISTANT ENGINEER, MAJOR IRRIGATION DEPARTMENT, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. 7. STATION HOUSE OFFICER, CHEBROLU POLICE STATION, UNGUTUR MANDAL, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). CAUSE TITLE IS AMENDED AS PER 5 COURT ORDER DT.10.05.2023 VIDE ORDER PASSED IN I.A NO.2 OF 2023. ...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 a writ. order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in R.O.C.No.12/2023, dated 09.03.2023 issued by 4th respondent. thereby directing the petitioners to vacate from their respective thatched houses and site properties situated in R.S. Nos. 457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District (Formerly West Godavari District), without providing alternatively houses and sites under any of the housing schemes to poor being implemented by respondents, as illegal, irregular, irrational, without any authority or sanction of law and offends Articles 14, 21 and 300-A. of Constitution of India and consequently direct the respondents not to interfere in any manner with possession and enjoyment of petitioners over their said house' and site properties and pass IA NO: 1 OF 2023 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 suspend the operation of Proceedings in R.O.C.No.12/2023, dated 09.03.2023 issued by 4th respondent and consequently direct the respondents not to interfere in any manner with petitioners' houses and site properties situated in R.S. Nos. 457-1 and 458 of Kaikaram Village in Unguturu Mandal of Eluru District, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2023 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 permit the petitioners to amend the cause title in WP No. 6408 of 2023 by "KAIKARAM GRAM PANCHAYAT, Rep, by its Executive Authority- Cum-Panchayat Secretary, Kakaram Village, Unguturu Mandal, Eluru District, Erstwhile West Godavari District for the 4th respondent's existing description in the cause title and at relevant other places wherever occurred in the entire Writ Petition and affidavit filed in support thereof and interlocutory application, pending disposal of the min Writ Petition and pass 6 IA NO: 3 OF 2023 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 vacate the interim order dated 15-03-2023 in WP No. 6408 of 2023 and also dismiss the writ petition and pass Counsel for the Petitioner(S): 1. V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 7 ORDER: To declare the proceedings in ROC No.12/2023, dated 09.03.2023, issued by the 4th respondent, directing the petitioners to vacate their respective thatched houses and site properties situated in R.S.Nos.457-1 and 458 of Kaikaram Village, Unguturu Mandal of Eluru District (formerly West Godavari District), without providing alternative houses and sites under any housing schemes for the poor, as illegal and irregular, the present writ petition is filed. 2. Heard Sri VNV Surya Dattu, learned counsel for the petitioners and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat for respondent No.4. 3. It is brought to the notice of this Court by the learned counsel for the petitioners and learned Standing Counsel for Gram Panchayat that, on the very same impugned notice, several writ petitions have been filed by several individuals who are similarly situated as that of the petitioners, wherein this Court in W.P.No.907 of 2025 disposed of the same by directing the authorities to follow due process of law, and prayed to pass orders on the said lines. 4. Taking their submissions into consideration, as this Court has already dealt with the similar issue, this Writ Petition is also disposed of in same lines as in W.P.No.907 of 2025 dated 10.01.2025. There shall be no order as to costs. 5. Registry is directed to attach a copy of the order in W.P.No.907 of 2025 dated 10.01.2025 to this order. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 02.01.2026. JLV 8 275 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6408/2023 Date: 02.01.2025. JLV