APHC010292502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15258/2024 Between: 1. NOOTHATI KAMESWARI, W/O. JAMES RAO AGE 47 YEARS, D.NO.3-97, DIVILI VILLAGE, PEDDAPURAM MANDAL KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS. PRINCIPAL SECRETARY IRRIGATION AND POWER DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI, GUNTUR DISTRICT. 2. THE TAHSILDAR, PEDDAPURAM MANDAL, KAKINADA DISTRICT. 3. THE EXECUTIVE ENGINEER, YELERU IRRIGATION DIVISION, PEDDAPURAM, KAKINADA DISTRICT. 4. SECRETARY, SACHIVALAYAM, DIVILI. PEDDAPURAM MANDAL, KAKINADA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 RC,J W.P.NO.15258 OF 2024 High Court may be pleased tomay be pleased to issue a writ , order, direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents No. 2, 3, and 4 and try to taking possession of lands an extent 18 cents situated in Sy. No 101-1A Divili Village, Peddapuram Mandal, Kakinada District, without issuing any notice , without providing opportunity to submit explanation is bad, arbitrary. Un-constitutional clear violation of Art. 14, 21 and 300-A of Constitution of India and consequently direct the Respondents no. 2, 3, and 4 not to interfere in to peaceful possession, enjoyment of lands extent 18 cents along with residential house situated in Sy.no 101-1A Divili Village, Peddapuram Mandal Kakinada District and pass IA NO: 1 OF 2024 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 2, 3, and 4 not to interfere in to peaceful possession, enjoyment of lands extent 18 cents along with residential house situated in Sy.no 101-1A Divili Village, Peddapuram Mandal Kakinada District pending disposal of main Writ petition and pass Counsel for the Petitioner: 1. INAPURAPU SURYANARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP for Village and Ward Secretariats The Court made the following: 3 RC,J W.P.NO.15258 OF 2024 ORDER: To declare the action of the respondents in trying to take possession of the petitioner’s lands an extent of Ac.0-18 cents situated in Sy.No.101-1A Divili Village, Peddapuram Mandal, Kakindada District, without issuing any notice, without providing opportunity to submit explanation is illegal and arbitrary, the present writ petition is filed. 2. Heard Mr.I.Surya Narayana, learned counsel for the petitioner and Mr.Satyanarayana, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioner submitted that the respondents are trying to take possession of the subject property. As such, the present writ petition is filed and this Court granted interim orders on 19.07.2024, directing the respondents to maintain Status-Quo and accordingly prayed to dispose of the writ petition treating the interim orders as final orders. 4. Mr.Satyanarayana, learned Assistant Government Pleader for Revenue, submitted that the petitioner is an encroacher and that the respondent authorities would take steps as per law and accordingly, prayed to pass appropriate orders. 4 RC,J W.P.NO.15258 OF 2024 4. Taking their submissions into consideration, as the authorities have an intention to follow law, there is no purpose in keeping the writ petition pending. As such, this Court is inclined to dispose of the writ petition, directing the respondent authorities not to interfere with the possession of the petitioner over the subject property except by following due process of law. No costs. Consequently, miscellaneous petitions, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 29.01.2026 LSP