APHC010441182019 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: 21221/2019 Between: 1. CHILUKURI SATYANARAYANA,, S/O. LATE. SOMAIAH HINDU, MALE, AGE 58 YEARS, CULTIVATION, YERRAMILLIPADU VILLAGE, UNGUTUR MANDAL, WEST GODAVARI DISTRICT. 2. CHILURKURI VENKATA PRASAD,, S/O. LATE. SOMAIAH HINDU, MALE, AGE 56 YEARS, CULTIVATION, YERRAMILLIPADU VILLAGE, UNGUTUR MANDAL, WEST GODAVARI DISTRICT. 3. NAMALA VIMALA,, W/O. LATE. SATYANARAYANA, HINDU, FEMALE, AGED 53 YEARS, HOUSEWIFE, RIO. YERRAMILLIPADU VILLAGE, UNGUTUR MANDAL, WEST GODAVARI DISTRICT. 4. NAMALA RAJESH,, S/O. LATE. SATYANARAYANA, HINDU, MALE, AGED 33 YEARS, YERRAMILLIPADU VILLAGE, UNGUTUR MANDAL, WEST GODAVARI DISTRICT. 5. NAMALA NAGESWARA RAO,, S/O. LATE. PADDAIAH, HINDU, MALE, AGE 51 YEARS, CULTIVATION, YERRAMILLIPADU VILLAGE, UNGUTUR MANDAL, WEST GODAVARI DISTRICT. 6. NAMALA SUBBA RAO,, S/O. LATE. PADDAIAH HINDU, MALE, AGE 49 YEARS, CULTIVATION, YERRAMILLIPADU VILLAGE, UNGUTUR MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, 2 VS,J W.P.No.21221 of 2019 AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT,ELURU. 3. THE REVENUE DIVISIONAL OFFICER, ELURU REVENUE DIVISION, ELURU. 4. THE MANDAL TAHSILDAR, UNGUTURU MANDAL, WEST GODAVARI DISTRICT. 5. YERRAMILLIPADU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, YERRAMILLIPADU, UNGUTURU MANDAL, WEST GODAVARI 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in threatening to dispossess from our site in an extent of Ac. 0.12 1/2 cents in R.S.No.251/1, an extent of 99 sq. yards in R.S.No. 255/1 of Yerramillipadu Village of Unguturu Mandal of West Godavari District for construction of Grams Sachivalayam as illegal, irregular, arbitrary and violative of the Settled Principles of Law and also offends Articles 14, 21 and 300 A of Constitution of India and consequently direct the respondents to not to dispossess us from our site in an extent of Ac. 0.12 1/2 cents in R.S.No.251/1, an extent of 99 sq. yards in R.S.No. 255/1 of Yerramillipadu Village of Unguturu Mandal of West Godavari District 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 us from our site in an extent of Ac. 0.12 1/2 cents in R.S.No.251/1, an extent of 99 sq. yards in R.S.No. 255/1 of Yerramillipadu Village of Unguturu Mandal of West Godavari District f pending disposal of main writ petition IA NO: 1 OF 2022 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 3 VS,J W.P.No.21221 of 2019 pleased to vacate the interim order granted on 30.12.2019 in 1.A.No.1 of 2019 in W.P.No.21221 of 2019 and dimiss the writ petition and pass IA NO: 1 OF 2023 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 grant leave to the petitioner herein / respondent No. 5 in WP no. 21221 of 2019 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 4 VS,J W.P.No.21221 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in threatening to dispossess from our site in an extent of Ac. 0.12 1/2 cents in R.S.No.251/1, an extent of 99 sq. yards in R.S.No. 255/1 of Yerramillipadu Village of Unguturu Mandal of West Godavari District for construction of Grams Sachivalayam as illegal, irregular, arbitrary and violative of the Settled Principles of Law and also offends Articles 14, 21 and 300 A of Constitution of India and consequently direct the respondents to not to dispossess us from our site in an extent of Ac. 0.12 1/2 cents in R.S.No.251/1, an extent of 99 sq. yards in R.S.No. 255/1 of Yerramillipadu Village of Unguturu Mandal of West Godavari District…” 2. The petitioners herein are relatives and claim to be the absolute owners and possessors of the land admeasuring Acs.0.12½ cents in R.S.No.251/1 of Yerramillipadu village of Unguturu mandal, West Godavari district. The said property succeeded upon the petitioners from one Chilukuri Gopala Swamy (grandfather of the 1st petitioner) who purchased the same on 02.01.1962 vide document No.6/1962 on the file of Sub-Registrar Officer, Bhimadolu. After the death of Chilukuri Gopala Swamy, the petitioners, being his legal heirs, continued to be in peaceful possession and enjoyment of the subject property. 3. While the matter stood thus, the respondent authorities visited the petitioners‟ property and threatened to dispossess the petitioners on 5 VS,J W.P.No.21221 of 2019 the pretext that they would construct grama sachivalayam in the subject land. Aggrieved by the action of the respondent authorities in threatening to dispossess the petitioners from the subject property and in trying to evict the petitioners, the present writ petition is filed. 4. When the writ petition came up for hearing on 30.12.2019, this Court passed the following interim order: “…In the meanwhile, stutus quo obtained as on today with reference to the site to an extent of Ac.0.12½ cents in R.S.No.251/1, an extent of 99 square yards in R.S.No.252/1 of Yerramillipadu Village of Unguturu Mandal, West Godavari District, shall be maintained by all concerned.” 5. The 4th respondent filed a detailed counter affidavit, enclosed with a vacate stay petition, wherein it is stated that only the land admeasuring Acs.0.12 cents in R.S.No.251/1 of Yarramillipadu Grama Panchayat of Unguturu mandal was proposed for construction of new „Grama Sachivalayam‟ building and no construction was proposed in the land situated in R.S.No.255/1 of Yarramillipadu grama panchayat. It is further stated that pending the present writ petition, the Yarramillipadu grama panchayat passed a resolution bearing No.20, dated 28.08.2020 by way of which, construction of new grama sachivalayam for Yerramillipadu grama panchayat was proposed to be constructed in the land admeasuring Acs.0.10 cents situated in R.S.No.244-2A of Yerramillipadu hamlet of Nallamadu village. It is further stated that 6 VS,J W.P.No.21221 of 2019 construction of the said building has already been completed. Hence, requested to dismiss the writ petition. 6. Heard Sri. M. Lalith Kumar, learned counsel representing Sri. Mangena Sree Rama Rao, 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 pending the present writ petition, the Yarramillipadu grama panchayat has constructed a new grama sachivalayam building in the land admeasuring Acs.0.10 cents situated in R.S.No.244-2A of Yerramillipadu hamlet of Nallamadu village but not in the land situated in R.S.No.251/1 as contended by the petitioners. In such circumstances, the question of respondent authorities interfering with the possession of the petitioners over the subject property would not arise. 8. Accordingly, this writ petition is disposed of and the respondent authorities are directed not to interfere with the petitioners‟ possession over the subject property, if at all they intend to, without following due process of law. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 01.09.2026 Gss