Extracted from the PDF above. The PDF is authoritative.
APHC010350892026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 10th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 18740/2026 Between:
1. SALAPU RAMU, S/O. SIMHACHALAM, AGED ABOVE 51 YEARS, D.NO.1-224,GOTIWADA VILLAGE, SABBARAVARAM MANDAL, ANKAPALLI DISTRICT-531035. 2. GOLAJANA VENKAYAMMA,, S/O. SOMINAIDU, AGED ABOVE 65 YEARS, D.NO.1-224,GOTIWADA VILLAGE,
SABBARAVARAM MANDAL, ANKAPALLI DISTRICT-531035. 3. SALAPU RAMANAMMA,, W/O. RAMU, AGED ABOVE 46 YEARS, D.NO.1-224,GOTIWADA VILLAGE SABBARAVARAM MANDAL, ANKAPALLI DISTRICT-531035. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATHI RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP-522238. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ANKAPALLI DISTRICT AT ANAKAPALLI-531002. 3. THE TAHSILDAR, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT-
531035. 4. THE GOTIWADA GRAMA PANCHAYATH, REP. ITS SECRETARY, GOTIWADA VILLAGE, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT-531035. ...RESPONDENT(S):
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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 a Writ of Mandamus, declaring the action of the respondents, more particularly Respondent Nos.2 to 4, in attempting to dispossess the petitioners from their residential house situated in Survey No.286 of Gotiwada Gram Panchayat, Sabbavaram Mandal, Anakapalli District, without issuing any notice and without following the due procedure established under law, as illegal, arbitrary, high-handed, violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the principles of natural justice, and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners except by following due process of law, and pass 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 direct the respondents not interfere with the peaceful possession and enjoyment of the petitioners over their residential house situated in Survey No.286 of Gotiwada Gram Panchayat, Sabbavaram Mandal, Anakapalli District, except by following due process of law, and pass Counsel for the Petitioner(S):
1. Thota Dharmendra Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2.
GP FOR REVENUE The Court made the following:
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O R D E R
This Writ Petition is filed seeking the following relief:
“….to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents, more particularly Respondent Nos.2 to 4, in attempting to dispossess the petitioners from their residential house situated in Survey No.286 of Gotiwada Gram Panchayat, Sabbavaram Mandal, Anakapalli District, without issuing any notice and without following the due procedure established under law, as illegal, arbitrary, high-handed, violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the principles of natural justice, and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners except by following due process of law and pass such other order…”
2. Heard learned counsel for the petitioners, the learned Assistant Government Pleader for Panchayat Raj and Rural Development, the learned Assistant Government Pleader for Revenue, and the learned Standing Counsel for Gram Panchayat. 3. Case of the petitioners, in brief, is that the 1st petitioner is in absolute possession and enjoyment of the subject property. The 2nd petitioner is the paternal aunt of the 1st petitioner, and the 3rd petitioner is his wife. The petitioners are eking out their livelihood by working as agricultural labourers. It is stated that Respondent No.3 assigned a house site admeasuring 100 square yards in Survey No.286 under Patta No.474/99, dated 31.12.1999, in favour of the 2nd petitioner. Subsequently, Respondent No.3 issued a Possession Certificate bearing No.793/2000/A, dated 20.02.2000, in favour of the 3rd petitioner in respect of an extent of 60 square yards in Survey No.286, which is adjacent to the house site assigned to the 2nd petitioner. It is averred that, after obtaining the Patta and Possession Certificate, the petitioners applied for building permission before Respondent No.4 in respect of the entire extent. Pursuant to a resolution passed in the General Body Meeting, Respondent No.4 granted building permission vide D.Dis.No.5/2001, dated
10.06.2001. Thereafter, the petitioners constructed a residential house in Survey No.286 of Gottivada Village, Sabbavaram Mandal, Anakapalli District.
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(i) It is further stated that, upon completion of the construction, Respondent Nos.3 and 4 assessed the property to house tax and assigned Assessment No.1-224 in favour of the petitioners. Thereafter, the petitioners have been regularly paying the property tax without any default. The Electricity Department also sanctioned a domestic service connection to the said house. While so, on 04.07.2026, the official respondents allegedly visited the petitioners' house and commenced measurement of the land. When questioned, Respondent No.2 is stated to have informed the petitioners that instructions had been received to evict all persons occupying the subject land, without issuing any notice to the petitioners. Aggrieved by the said action of the respondent authorities, the present Writ Petition has been filed. 4. Today, when the matter is taken up for hearing, learned Standing Counsel appearing for Respondent No.4–Gram Panchayat, on written instructions received from the Panchayat Secretary, Gottivada Gram Panchayat, submits that the Gram Panchayat has neither interfered with the petitioners' possession over the subject property nor made any attempt to dispossess them. 5. In view of the categorical submission made by the learned Standing Counsel for Respondent No.4, based on the written instructions placed on record, this Court is of the opinion that no further orders are required to be passed in the present Writ Petition. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 10.07.2026. MS
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No:18740 of 2026 Date: 10.07.2026
MS