APHC010576272023 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29696/2023 Between: 1. GORLA APPALA SATHI, S/O.LATE MUSALAYYA, AGED ABOUT 55 YEARS, R/O. 5-29, POLICE QUARTERS, A.ANNAVARAM VILLAGE, SANKHAVARAM MANDAL, KAKINADA DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE A ANNAVARAM GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE OFFICER, A.ANNAVARAM VILLAGE, SANKHAVARAM MANDAL, KAKINADA DISTRICT. 3. THE EXECUTIVE ENGINEER, ROADS AND BUILDING DEPARTMENT, PEDDAPURAM DIVISION, KAKINADA DISTRICT. 4. BANDARU SURESH KUMAR, S/O. ATCHAYYA, AGED ABOUT 40 YEARS, OCC BUSINESS, R/O. OPP ANDHRA BANK, A. ANNAVARAM VILLAGE, SANKHAVARAM MANDAL, KAKINADA DISTRICT. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29696/2023 GORLA APPALA SATHI, S/O.LATE MUSALAYYA, AGED ABOUT 55 29, POLICE QUARTERS, A.ANNAVARAM VILLAGE, SANKHAVARAM MANDAL, KAKINADA DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE A ANNAVARAM GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE OFFICER, A.ANNAVARAM VILLAGE, SANKHAVARAM MANDAL, KAKINADA DISTRICT. THE EXECUTIVE ENGINEER, ROADS AND BUILDING ARTMENT, PEDDAPURAM DIVISION, KAKINADA DISTRICT. BANDARU SURESH KUMAR, S/O. ATCHAYYA, AGED ABOUT 40 YEARS, OCC BUSINESS, R/O. OPP ANDHRA BANK, A. ANNAVARAM VILLAGE, SANKHAVARAM MANDAL, KAKINADA ...RESPONDENT(S): RC,J W.P.No.29696 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI GORLA APPALA SATHI, S/O.LATE MUSALAYYA, AGED ABOUT 55 29, POLICE QUARTERS, A.ANNAVARAM VILLAGE, ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT, SECRETARIAT BUILDINGS, THE A ANNAVARAM GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE OFFICER, A.ANNAVARAM VILLAGE, SANKHAVARAM THE EXECUTIVE ENGINEER, ROADS AND BUILDING ARTMENT, PEDDAPURAM DIVISION, KAKINADA DISTRICT. BANDARU SURESH KUMAR, S/O. ATCHAYYA, AGED ABOUT 40 YEARS, OCC BUSINESS, R/O. OPP ANDHRA BANK, A. ANNAVARAM VILLAGE, SANKHAVARAM MANDAL, KAKINADA ...RESPONDENT(S): RC,J W.P.No.29696 of 2023 2 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 issued a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.2 and 3 in resorting to demolish structures of the petitioner's hotel highhandedly is illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents No.2 and 3 not to interfere with the petitioner's Tiffin Center in the land admeasuring about 16 Sq.Yds of a land in Old Bus stand road, A. Annavaram Village, Sankhavaram Mandal, Kakinada District and to 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 direct the Respondents No.2 and 3 not to demolish the structures of petitioner's Tiffin Center in the land admeasuring about 16 Sq.Yds of a land in Old Bus stand road, A. Annavaram Village, Sankhavaram Mandal, Kakinada District pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: RC,J W.P.No.29696 of 2023 3 ORDER The writ petition is filed questioning the action of respondent nos. 2 and 3 in resorting to demolish the structures of the petitioner’s hotel situated in the land admeasuring about 16 Sq.yards of land in old Bus Stand Road, A.Annavaram Vuilalge, Sankhavaram Mandal, Kakinada District. 2. Heard Sri Sreemannarayana Vattikuti, learned counsel, representing Sri V.V.Satish, learned counsel for the petitioner, and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat. 3. Sri Y.Koteswara Rao, learned Standing Cousnel, by placing on record the written instructions Panchayat Secretary, A.Annavaram Gram Panchayat, Sankhavaram Mandal, Kakinada District, submitted that as per the report of the Tahsildar, Sankhavaram in RF3/15/24, dated 14.08.2024, the petitioner had encroached the land and established hotel and the panchayat authorities issued notice to the petitioner not to make any constructions and in response the petitioner gave an undertaking to the Gram Panchayat that he will vacate the same as and when required by Gram Panchayat. 4. Sri Sreemannarayana Vattikuti, learned counsel, submitted that the authorities collected licence fee from the petitioner till 2020 and later due to political rivalry the surpanch instructed the staff not to collect and at his instigation the authorities stopped collecting licence fee . He would further RC,J W.P.No.29696 of 2023 4 contend that the authorities have to follow due procedure contemplated under law even to evict an encroacher. Accordingly, prayed to allow the writ petition. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. The contents of the writ affidavit and the instructions placed on record by the learned Standing Counsel would go to show that the petitioner is in possession of the subject property. It is fairly settled that even an encroacher shall be evicted only after following the due procedure contemplated under law. 7. In view of the above, the writ petition is disposed of, directing the authorities not to interfere with the possession of the petitioner over the subject property except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI DATED 2ND DAY OF JANUARY, 2026. RR