APHC010760292018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NOs: 36731, 36763 AND 36780 OF 2018 WRIT PETITION NO: 36731/2018 Between: 1. MATAKA LAKSHMI, W/O. SANYASI RAO 38 YEARS, RESIDENT OF D.NO.14-27-1/4, WARD NO.50, NEAR DHOBIKHANA, VIKASNAGAR, PEDAGANTYADA MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHAR PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM RURAL AND CHAIRMAN, DIVISIONAL LEVEL REGULARISATION COMMITTEE (DLRS), VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 4. THE TAHSILDAR PEDAGANTYADA, MANDAL, VISAKHAPATNAM DISTRICT, A.P. 5. THE SPECIAL GRADE DEPUTY COLLECTOR, LAND ACQUISITION FOR VISAKHAPATNAM STEEL PLANT, COLLECTOR OFFICE COMPOUND, VISAKHAPATNAM. 2 6. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, ANDHRA PRADESH. ...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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents particularly the respondents 3 to 6 in interfering with the petitioner's possession and enjoyment of dwelling house by attempting to demolish the existing structures therein situated in an extent of 99 Sq.Yards covered by Sy.No.64/1-D2, Ward No.50, Gajuwaka Zone-V, near Dhobikhana, Vikasnagar, Pedagantyada Mandal, Visakhapatnam, without following the due procedure i.e., without issuing any notice under any Statute and without conducting any enquiry and without passing any order, as opposed to Law, arbitrary, unjust, mala fide and against the Principles of Natural Justice and against the Constitutional guarantees and contrary to the spirit of G.O.Ms.No.296, Revenue (Assn.I) Department, dated 12-08-2015 and G.O.Ms.No.388 Revenue (Assgn.I) Department, dated 24-08-2017 and to consequently direct the respondents not to demolish and dispossess the petitioner's from the subject house property and to regularise her possession and enjoyment in respect of the petitioner's house site in pursuance of the above said G.Os in the interest of justice IA NO: 1 OF 2018 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 particularly the respondents 3 to 6 not to interfere with the petitioner's possession and enjoyment of dwelling house by attempting to demolish the existing structures therein situated in an extent of 99 Sq.Yards covered by Sy.No.64/1-D2, Ward No. 50, Gajuwaka Zone-V, near Dhobikhana, Vikasnagar, Pedagantyada Mandal, Visakhapatnam, during the pendency of the above writ petition in the interest of justice Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 3 1. GP FOR ASSIGNMENT (AP) WRIT PETITION NO: 36763/2018 Between: 1. BULISETTI ANNAPURA, W/O DILLESWARA RAO, AGED 25 YEARS, RESIDENT OF D.NO.14-27-1/8, WARD NO.50, NEAR DHOBIKHANA, GAJUWAKA ZONE-V, VIKASNAGAR, PEDAGANTYADA MANDAL, VISAKHAPATNAM DISTRICT. 2. KATRENUPADU PALLA RAO, S/O VENKATA SWAMY, AGED 67 YEARS, D.NO.14-27-1/4, WARD NO.50, NEAR DHOBIKHANA, GAJUWAKA ZONE-V, VIKASNAGAR, PEDAGANTYADA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM RURAL VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 4. THE TAHSILDAR, PEDAGANTYADA MANDAL, VISAKHAPATNAM DISTRICT, A.P 5. THE SPECIAL GRADE DEPUTY COLLECTOR, LAND ACQUISITION FOR VISAKHAPATNAM STEEL PLANT, COLLECTOR OFFICE COMPOUND, VISAKHAPATNAM. 6. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, ANDHRA PRADESH. ...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 4 pleased toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents particularly the respondents 3 to 6 in interfering with the petitioners possession and enjoyment by attempting to demolish the structures existing in the petitioners house sites situated in an extent of 100 Sq.Yards each covered by Sy.No.64/1-D2, near Dhobikhana, Ward No.50, Gajuwaka Zone V, Vikasnagar, Pedagantyada Mandal, Visakhapatnam, without following the due procedure i.e., without issuing any notice under any Statute and without conducting any enquiry and without passing any order, as opposed to Law, arbitrary, unjust, mala fide and against the Principles of Natural Justice and against the Constitutional guarantees and to consequently direct the respondents not to demolish and dispossess the petitioners from the subject property in the interest of justice IA NO: 1 OF 2018 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 particularly the respondents 3 to 6 not to interfere with the petitioners possession and enjoyment in any manner including demolition of the structures existing in our house sites situated in an extent of 100 Sq.Yards each covered by Sy.N0.64/1-D2, near Dhobikhana, Ward No.50, Gajuwaka Zone V, Vikasnagar, Pedagantyada Mandal, Visakhapatnam, during the pendency of the above writ petition in the interest of justice Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) WRIT PETITION NO: 36780/2018 Between: 1. PERLA JYOTHI, W/O VENKATA SWAMY, AGED 35 YEARS, RESIDENT OF D.NO.14-27-1/1A, 50TH WARD, NEAR DHOBIKHANA, VIKASNAGAR, PEDAGANTYADA MANDAL, GAJUWAKA, VISAKHAPATNAM DISTRICT 5300026, ANDHRA PRADESH ...PETITIONER AND 5 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM RURAL AND CHAIRMAN, DIVISIONAL LEVEL REGULARISATION COMMITTEE (DLRS), VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 4. THE TAHSILDAR, PEDAGANTYADA MANDAL, VISAKHAPATNAM DISTRICT, A.P. 5. THE SPECIAL GRADE DEPUTY COLLECTOR, LAND ACQUISITION FOR VISAKHAPATNAM STEEL PLANT, COLLECTOR OFFICE COMPOUND, VISAKHAPATNAM. 6. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, ANDHRA PRADESH. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM RURAL AND CHAIRMAN, DIVISIONAL LEVEL REGULARISATION COMMITTEE (DLRS), VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 4. THE TAHSILDAR, PEDAGANTYADA MANDAL, VISAKHAPATNAM DISTRICT, A.P. 5. THE SPECIAL GRADE DEPUTY COLLECTOR, LAND ACQUISITION FOR VISAKHAPATNAM STEEL PLANT, COLLECTOR OFFICE COMPOUND, VISAKHAPATNAM. 6. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, ANDHRA PRADESH. ...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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents particularly the respondents 3 to 6 in interfering with the petitioners possession and enjoyment of dwelling house by attempting to demolish the existing structures therein situated in an extent of 500 Sq.Yards covered by Sy.No.64/1-D2, Ward No-50, Gajuwaka Zone-V, near Dhobikhana, Vikasnagar, Pedagantyada Mandal, Visakhapatnam, without following the due procedure i.e., without issuing any notice under any Statute and without conducting any enquiry and without passing any order, as opposed to Law, arbitrary, unjust, mala fide and against the Principles of Natural Justice and against the Constitutional guarantees and contrary to the spirit of G.O.Ms.No.296, Revenue (Assn.I) Department, dated 12-08-2015 and G.O.Ms.No.388 Revenue (Assgn.I) Department, dated 24-08-2017 and to consequently direct the respondents not to demolish and dispossess the petitioner from the subject house property and to regularise her possession 6 and enjoyment in respect of the petitioners house site in pursuance of the above said G.Os in the interest of justice IA NO: 1 OF 2018 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 particularly the respondents 3 to 6 not to interfere with the petitioner's possession and enjoyment of dwelling house by attempting to demolish the existing structures therein situated in an extent of 500 Sq.Yards covered by Sy.No.64/1-D2, Ward No:50, Gajuwaka Zone-V, near Dhobikhana, Vikasnagar, Pedagantyada Mandal, Visakhapatnam, during the pendency of the above writ petition in the interest of justice Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) The Court made the following 7 COMMON ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Assignment/Revenue. 2. Since the issues involved in all these three writ petitions are identical, they are being disposed of together by way of this common order. 3. Learned counsel for the petitioners submitted that on 08-10-2018, this Court directed the respondent authorities not to demolish the structures on the subject lands until orders were passed on the petitioners’ applications for regularization. 4. The learned Assistant Government Pleader, upon instructions, submits that the petitioners’ applications for regularization were rejected vide endorsements dated 26.10.2018 and 29.10.2018 and that those rejections have not been challenged. 5. The learned Assistant Government Pleader further submits that, although the petitioners are in possession of their dwelling houses situated in Sy.No.64/1-D2, Ward No-50, Gajuwaka Zone-V, near Dhobikhana, Vikasnagar, Pedagantyada Mandal, Visakhapatnam District, the respondents desire to resume the said lands. The learned Assistant Government Pleader assures that the respondents will follow the due procedure for such resumption. 6. Learned counsel for the petitioners requested that the submissions made by the learned Assistant Government Pleader, based on the instructions, be recorded and that necessary orders be passed. 7. Since the petitioners are in possession of their respective lands and the respondents' instructions state that, if they wish to resume the lands of the petitioners, they will follow the due process of law, this Court deems it appropriate to dispose of these Writ Petitions by directing the respondent authorities to follow the due process as contemplated under law. 8 8. However, it is needless to observe that the petitioners are at liberty to challenge the rejection orders issued vide endorsements dated 26.10.2018 and 29.10.2018. 9. With the aforesaid observations, these Writ Petitions stand disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 01.04.2026 KAS 9 160 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NOs: 36731, 36763 AND 36780 OF 2018 Dated: 01.04.2026 KAS