APHC010694622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 35570/2025 Between: 1. POTALA PYDIYYA NAIDU, S/O POTALA RAJULU @ RAJU, HINDU, AGED ABOUT 67 YEARS,, R/O C-101, CHAMANTHIPURAM, PYDIPALA POST, PEDDIPALEM, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT. 3. THE TAHSILDAR, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. 4. THE MANDAL PARISHAT DEVELOPMENT OFIFCER, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT. 5. THE PEDDIPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, CHAMANTHIPURAM, PEDDIPALEM, VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT. 2 ...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 an appropriate writ, order or direction preferable a Writ in the nature of a Mandamus declaring the action of the respondents particularly the Respondents No. 3 to 5 in trying to interfere and dispossess the petitioner from his land in an extent of Ac. 0.37 Cents., bounded by East Konda, WestR and B Road, North the land of Yarra Thathabai, South the land of Potala Ramana situated in Survey No. 467, in Chamanthipuram, Peddipalem Village, Makavarapalem Mandal, Anakapalli District, without following due process of law as illegal arbitrary , Ultravires and violation of Article 14, 300A of Constitution of India and consequently direct the Respondents to not to interfere or dispossess the petitioner from his land in an extent of Ac. 0.37 Cents., bounded by East Konda, West R and B Road, North the land of Yarra Thathabai, South the land of Potala Ramana situated in Survey No. 467, in Chamanthipuram, Peddipalem Village, Makavarapalem Mandal, Anakapalli District, without following due process of law And pass IA NO: 1 OF 2025 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 direct the respondents more particularly respondents 2 to 5 to not to interfere or dispossess the petitioner from his land in an extent of Ac. 0.37 Cents., bounded by East: Konda, West: R & B Road, North: the land of Yarra Thathabai, South: the land of Potala Ramana situated in Survey No. 467, in Chamanthipuram, Peddipalem Village, Makavarapalem Mandal, Anakapalli District, without following due process of law, pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 2. GP FOR REVENUE The Court made the following: ORDER: The respondents are trying to interfere and dispossess the petitioner from his land to an extent of Ac.0.37 cents bounded by East:Konda, West: R&B Road, North: the land of Yarra Thathabai, South: the land of Potala Ramana situated in Sy.No.467 in Chamanthipuram, Peddipalem Village, Makavarapalem Mandal, Anakapalli District, without following due process, is the grievance of the petitioners. 2. Heard Sri P.Nanilu Naidu, learned counsel for the petitioner, Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners while reiterating the contents of the affidavit contended that the respondent Nos.3 to 5 are trying to dispossess the petitioner from the subject property without following law and if the same is allowed to continue, it would affect the rights of the petitioner, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleader for Revenue on written instructions submitted that the petitioner is an 4 encroacher and the authorities would follow law, accordingly, prayed to dismiss the writ petition. 5. Taking their submissions into consideration, as the respondents have an intention to follow law, there is no purpose in keeping the writ petition pending inviting counter, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondents are directed not to take any coercive steps except by following due process of law.” 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 08th January, 2026 RKS