APHC010327862023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16686 of 2023 Between: 1. PATCHIGOLLA NARAYANA RAO, S/O.PATCHIGOLLALAKSHARNANA, HINDU, AGED47 YEARS, CULTIVATION, DOOR NO.6-74, RAJARAOPETA STREET,MAKAVARAPALEM, MAKAVARAPALEMMANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE TAHSILDAR, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 3. THE GRAM PANCHAYATMAKAVARAPALEM, REP. BY ITS SECRETARY, MAKAVARAPALEMMANDAL, VISAKHAPATNAM DISTRICT 4. PYLAKONDAMMA, W/ O. CHITTIBABU, HINDU, AGED 56 YEARS, DOOR NO.1-05, MAKAVARAPALEM, MAKAVARAPALEMMANDAL, VISAKHAPATNAM 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the in action of the part of Respondents 2and 3 in interfering with the possession and enjoyment of the petitioner and in supporting the Respondent no.4 to encroach the property of Petitioner bearing D.no.6-74 and as per house tax door No.1-78 in an extent of Ac.O-20 cents Sy.no.33-2 Rajaraopeta street 2 Makavarapalem Village and Gram Panchayath, Makavarapalem Mandal, Visakhapatnam District, of within the boundaries. North. In the land of Chintha Ramthalli . East. In the way of remaining our land. South. in the land of Bathula Narayanarao and Bolem Bangarayya. West. In the land of BolemKondalarao of Makavarapalem Village, Makavarapalem Mandal, Visakhapatnam District,at the instance of Respondents No.4is nothing but highly arbitrary, unlawful, illegal, is nothing but high handed, unlawful, unreasonable and in violation of the Principles of Natural Justice and Fundamental Rights of the petitioner guaranteed under Art.14, 21 and 300-A of the Constitution of India and Rules made there under by consequently directing the Respondents not to take dispossess the petitioner from his land and not to interfere with the possession and enjoyment of the Petitioner over his property of Petitioner bearing D.no.6-74 and as per house tax door No.1-78 in an extent of Ac.0- 20 cents Sy.no.33-2 of within the boundaries. North. In the land of Chintha Ramthalli . East. In the way of remaining our land . South. in the land of Bathula Narayanarao and Bolem Bangarayya . West. In the land of BolemKondalarao of Makavarapalem Village, Makavarapalem Mandal, Visakhapatnam District. Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "……to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the in action of the part of Respondents 2 and 3 in interfering with the possession and enjoyment of the petitioner and in supporting the Respondent no.4 to encroach the property of Petitioner bearing D.no.6-74 and as per house tax door No.1-78 in an extent of Ac.O-20 cents Sy.no.33-2 Rajaraopeta street Makavarapalem Village and Gram Panchayath, Makavarapalem Mandal, Visakhapatnam District, of within the boundaries; North: In the land of Chintha Ramthalli; East: In the way of remaining our land; South: In the land of Bathula Narayanarao and Bolem Bangarayya; West: In the land of Bolem Kondalarao of Makavarapalem Village, Makavarapalem Mandal, Visakhapatnam District, at the instance of Respondents No.4 is nothing but highly arbitrary, unlawful, illegal, is nothing but high handed, unlawful, unreasonable and in violation of the Principles of Natural Justice and Fundamental Rights of the petitioner guaranteed under Art.14, 21 and 300-A of the Constitution of India and Rules made thereunder by consequently directing the Respondents not to take dispossess the petitioner from his land and not to interfere with the possession and enjoyment of the Petitioner over his property of Petitioner bearing D.no.6-74 and as per house tax door No.1-78 in an extent of Ac.0-20 cents Sy.no.33-2 of within the boundaries; North: In the land of Chintha Ramthalli; East: In the way of remaining our land; South: In the land of Bathula Narayanarao and Bolem Bangarayya; West: In the land of BolemKondalarao of Makavarapalem Village, Makavarapalem Mandal, Visakhapatnam District, and pass such other orders……" 2. The short grievance of the petitioner in this Writ Petition is that the respondent-authorities are trying to dispossess the petitioner from the subject land without following due process of law. 4 3. This Court, vide orders dated 10.07.2023, recorded in the following: "Learned Assistant Government Pleader for Revenue on oral instructions submits that there is no interference by the 2nd respondent with the subject matter property." 4. As the respondent-authorities are not interfering with the petitioner over the subject property, the present Writ Petition is disposed of, directing the respondents, if they are intended to dispossess the petitioner from the subject property, to follow due procedure of law. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 22.01.2026 Siva/JAK 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16686 of 2023 Date: 22.01.2026 Siva/JAK