APHC010334512019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15793/2019 Between: 1. UNDELA UMA DEVI @ RAMA DEVI,, W/O CHANDRA OBULA REDDY, AGED 35 YEARS, OCC- HOUSE WIFE, R/O KOPPOLU VILLAGE, ONGOLE MANDAL, PRAKASHAM DISTRICT 2. SHAIK BHANU,, W/O KHADHR VALI, AGED 35 YEARS, OCC- HOUSE WIFE, R/O KOPPOLU VILLAGE, ONGOLE MANDAL, PRAKASHAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AT VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT 2. THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT 3. THE TAHSILDAR, ONGOLE MANDAL, PRAKASAM DISTRICT ...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 topleased to issue an order, writ or direction more particularly in the 2 VS,J W.P.No.15793 of 2019 nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of the respondents in seeking dispossession of the petitioners from his House site Patta land in Plot No.137 bounded by North- Plot No.136, East- Plot No.140, South- Plot No.138, West- Road, and Plot No.138 bounded by North- Plot No.137, East- Plot No.139, South- Road, West- Road, in Survey No.362/1,364/2 of Koppolu Village, Ongole Mandal, Prakasam District without following any procedure known to law as illegal and without jurisdiction and against to principles of natural justice and violative of Article 14, 19(1)(g), 21 and 300-A of Constitution of India IA NO: 1 OF 2019 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 not to dispossess the petitioners from House site Patta land in Plot No.137 bounded by North- Plot No.136, East- Plot No.140, South- Plot No.138, West- Road, and' Plot No.138 bounded by North- Plot No.137, East- Plot No.139, South- Road, West- Road, in Survey No.362/1,364/2 of Koppolu Village, Ongole Mandal, Prakasam District IA NO: 2 OF 2019 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 vacate the interim orders dated 14-10-2019 passed in W.P.No. 15793/2019 and dismiss the writ petition. Counsel for the Petitioner(S): 1. Counsel for the Petitioner(S): 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 3 VS,J W.P.No.15793 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue an order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of the respondents in seeking dispossession of the petitioners from his House site Patta land in Plot No.137 bounded by North- Plot No.136, East- Plot No.140, South- Plot No.138, West- Road, and Plot No.138 bounded by North- Plot No.137, East- Plot No.139, South- Road, West- Road, in Survey No.362/1,364/2 of Koppolu Village, Ongole Mandal, Prakasam District without following any procedure known to law as illegal and without jurisdiction and against to principles of natural justice and violative of Article 14, 19(1)(g), 21 and 300-A of Constitution of India…” 2. The petitioners herein are the absolute owners and possessors of the house sites bearing plot Nos.137 and 138, situated in Sy.No.362/1, 364/2 situated at Koppolu village of Ongole mandal, Prakasam district; the said lands were assigned in their favour in the year 2015 by the respondent authorities. 3. While the matter stood thus, when the petitioners were constructing houses in their respective house sites, on 04.10.2019, the respondent authorities visited the petitioners’ property along with other staff, measured the land and restricted the petitioners from making any 4 VS,J W.P.No.15793 of 2019 constructions; aggrieved by the action of the respondent authorities in interfering with the peaceful possession and enjoyment of the petitioners over their respective house sites and threatening to dispossess them, the present writ petition is filed. 4. When the writ petition came up for admission on 14.10.2019, this Court passed the following interim order: “…If the said house site pattas have not been cancelled, the respondents are directed not to dispossess the petitioners from the said Plot Nos.137 and 138 admeasuring an extent of Ac.0.01¼ cents each in Sy.Nos.362/1 and 364/2 of Koppolu Village of Ongole District, for a period of eight weeks.” 5. The 3rd respondent filed a counter affidavit stating that the 1st petitioner has illegally encroached the communal plot which was situated on southern side of her plot bearing No.138 and constructed a building in an extent of Acs.0.02¼ cents (Acs.0.01 ¼ {extent of Plot No.138} + Ac.0.01 cents {extent of encroached communal plot}), which is contrary to the provision of Andhra Pradesh Land Encroachment Act, 1905. However, with regard to the 2nd petitioner’s possession over the plot bearing No.137, it is stated that the 3rd respondent has no objection if the 2nd petitioner constructs a building. As the 1st petitioner has constructed a building by encroaching communal plot situated on southern side of her plot, an encroachment notice was issued to the 1st petitioner with a direction to 5 VS,J W.P.No.15793 of 2019 remove the said illegal constructions. Hence, requested to dismiss the writ petition. 6. Heard Sri. P. Narahari Babu, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 7. Perused the entire material available on record. It can be seen from the counter affidavit that the possession of the petitioners over their respective lands situated in plot Nos.137 and 138, situated in Sy.No.362/1, 364/2 situated at Koppolu village of Ongole mandal, Prakasam district is not disputed. Further, the 3rd respondent has no objection if the 2nd petitioner constructs a building in plot No.137, however, it is alleged that the 1st petitioner started constructing a building duly encroaching Acs.0.01 cents of the communal plot situated on southern boundary of plot bearing No.138. Further, it is stated that a notice has been issued to the 1st petitioner, however, the counter affidavit is silent as to when such notice was allegedly issued to the 1st petitioner. 8. When it is the case of the respondents that the 1st petitioner is making illegal constructions by encroaching Acs.0.01 cents of the communal plot situated on the southern boundary of plot No.138, nothing prevented the respondent authorities in following the due procedure prescribed under law to evict the 1st petitioner from the encroached land. 6 VS,J W.P.No.15793 of 2019 9. In view of the above, this writ petition is disposed of and the respondent authorities are directed not to interfere with the possession and enjoyment of the petitioners lands bearing plot Nos.137 and 138, situated in Sy.No.362/1, 364/2 situated at Koppolu village of Ongole mandal, Prakasam district without following due process of law. Further, if the petitioners are found to have encroached any adjacent lands, the respondents are at liberty to proceed further, in accordance with law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 01.09.2026 Gss/GNP