1 APHC010289902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15222/2026 Between: 1. ANDHRA EVANGELICAL LUTHERAN CHURCH (AELC),, REP. BY ITS ADMINISTRATOR SRI JOSEPH P.S., RETD. SENIOR DIVISION CIVIL JUDGE, AGED 65 YEARS, O/O AELC HEADQUARTERS, D.NO.5-98-60, BECKER COMPOUND, FATHER HEYER ROAD, BRODIPET, GUNTUR, PIN 522002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.-522238 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, BHIMAVARAM DISTRICT, ANDHRA PRADESH.-534201 3. THE SUPERINTENDENT OF POLICE, BHIMAVARAM, BHIMAVARAM DISTRICT, ANDHRA PRADESH.- 534201 4. BHIMAVARAM MUNICIPALITY, REP.BY ITS MUNICIPAL COMMISSIONER BHIMAVARAM, BHIMAVARAM DISTRICT, ANDHRA PRADESH.- 534201 5. THE TAHSILDAR, BHIMAVARAM BHIMAVARAM DISTRICT, ANDHRA PRADESH-534201. ...RESPONDENT(S): 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, in making an attempt to trespass into the scheduled playground of AELC to encroach the same highhandedly without following due process of law, as illegal, arbitrary and contrary to the settled principles of law and to direct the respondents not to take possession of the playground of AELC illegally pas 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 grant an interim injunction restraining the respondents from trespassing, encroaching, or taking illegal possession of the scheduled playground of AELC, and pass s Counsel for the Petitioner: 1. M S S SWAYAM PRAKASH BABU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following Order: Heard Smt. S. Rajani, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal administration and Urban Development appeared for the 1st respondent, Sri Bhagat Singh, learned Assistant Government Pleader for Revenue appeared for the respondents 2 and 5, learned Assistant Government Pleader for Home appeared for the 3rd respondent and Sri Yatendra, learned Special Government Pleader attached to the Office of the learned Advocate General, appeared for the 4th respondent. 3 2. Learned counsel for the petitioner submits that without issuing any show-cause notice or any other communication as prescribed under the provisions of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Land Encroachment Act, 1905, the authorities of the 4th respondent are attempting to dispossess the petitioner from the play ground in an extent of Ac.6.94 cents in Sy.No.423 of Bhimavaram, belonged to the petitioner. 3. Sri Yatendra, learned Special Government Pleader, on instructions of the 4th respondent, would submit that an extent of Ac.6.94 cents in Sy.No.423 of Bhimavaram, originally belonged to the 4th respondent and it was leased out to the petitioner on payment of ground rent. Later, the Municipal Council passed a resolution dated 15.15.2026 to resume the land. He would further submit that the authority will follow the due procedure. 4. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel appearing on either side, directing the 4th respondent not to dispossess the petitioner from the land of an extent of Ac.6.94 cents in Sy.No.423 of Bhimavaram, without following the due procedure. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ SUBBA REDDY SATTI, J Dated: 04.06.2026 SCH 4 38 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.15222 OF 2026 Date: 04.06.2026 SCH