APHC010006882019 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: 338/2019 Between: 1. VAHID HUSSAIN, PARVATHIPURAM, VIZIANAGARAM DISTRICT 2. YELUMALIANTI SRINIVASARAO, S/O. YALUMAHANTI SATYAM, , PARVATHIPURAM, VIZIANAGARAM DISTRICT. 3. PADAMATA SRINIVASA RAO, S/O. SATYANARAYANA, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 4. SIVVAM PRASADARAO, S/O. LATE KESAVARAO, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 5. CHEVITI RAJU S/O. CHINNARAO, PARAVTHIPURAM, VIZIANAP.LRAM DISTRICT 6. TUMURADA VIDYASAGAI S/O. SIMHACHALAM, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 7. MAJJI RAMARAO, S/O.GURUNAIDU, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 8. BOTSA BHAVANI, W/O. SEKHAR,, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 9. SHAIK BABJAH, S/O. SUBHAN, PARAVTHPURAM, VIZIANAGARAM DISTRICT 10. KADHA SOMESWARARAO, S/O. TIRUPATIRAO, 2 VS,J W.P.No.338 of 2019 PARAVTHIPURAM, VIZIANAGARAM DISTRICT 11. GOTTA SIVAKESUVA RAO, S/O. ADINARAYANA, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 12. BEGGARAPU SATYANARAYANA, S/O. RAM RAO, PARAVTHIPURAM, VIZIANAGARAM DISTRICT. 13. DESETTI RAMARAO, S/O. VENKATARAO, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 14. AYALA NARAYANARAO, S/O. GOVIND, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 15. PABBIKA LAKSHMI, W/O. LATE RAMARAO, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 16. JAMMA SUDHAKAR, S/O. JAMMA YERRIAH, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 17. SHAIK ABDUL RAHAMAN, S/O. ISMAIL, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 18. DASARI RAJENDRA, S/O. SANKARARAO, PARAVTHIPURAM, VIZIANAGARAM DISTRICT. 19. BATTULA SRINIVASARAO, S/O. PUNDARI, PARAVTHIPURAM, VIZIANAGARAM DISTRICT 20. YANDRAPU APPALANAIDU, S/O. RAMINAIDU, PARAVTHIPURAM, VIZIANAGARAM DISTRICT. 21. THATRAJU SANKARARAO, S/O. LATE RAMULU, PARAVTIPURAM, VIZIYANAGARAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, 3 VS,J W.P.No.338 of 2019 AMARAVATHI, GUNTUR DISTRICT. 2. THE SUBCOLLECTOR, PARVATHIPURAM REVENUE DIVISION, VIZIANAGARAM DISTRICT 3. THE TAHASILDAR, PARVATHIPURAM REVENUE DIVISION 4. PARVATHIPURAM MUNCIPALITY, REP.,BY ITS COMMISSIONER VIZIANAGARAM 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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in threatening to remove the bunks of the petitioners erected outside the compound wall of the Mandal Revenue office, Parvatipuram on the Belegam road, Parvatipuram as illegal and arbitrary and consequently direct the respondents 2 and 3 not to interfere and remove the bunks erected by the petitioners as otherwise irreparable loss and a injury 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 directed theEEG-respondents 2 and 3 not to interfere and remove the bunks erected by the petitioners as otherwise irreparable loss and a injury Counsel for the Petitioner(S): 1. A RAVI SHANKAR Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. K K DURGA PRASAD The Court made the following: 4 VS,J W.P.No.338 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 and 3 in threatening to remove the bunks of the petitioners erected outside the compound wall of the Mandal Revenue office, Parvatipuram on the Belegam road, Parvatipuram as illegal and arbitrary and consequently direct the respondents 2 and 3 not to interfere and remove the bunks erected by the petitioners as otherwise irreparable loss and a injury…” 2. The case of the petitioners is that they have erected bunks outside the compound wall of the Mandal Revenue office, Parvatipuram situated in Sy.Nos.406 and 407, several decades ago. Identifying the possession of the petitioners, the municipal authorities have been collecting municipal tax. 3. While the matter stood thus, when the respondent authorities intended to construct mulgies in the open land of the Mandal Revenue Office, Parvathipuram by removing the compound wall and tried to dispossess the petitioners by removing the bunks erected by them, the petitioners were constrained to file the present writ petition. 5 VS,J W.P.No.338 of 2019 4. The respondent Nos.1 to 3 filed a detailed counter affidavit admitting the erection of bunks by the petitioners adjacent to the compound wall of Mandal Revenue Officer, Parvatipuram. It is further contended that the actual width of Parvathipuram main road is seven meters, out of which, five meters of road is being used for transportation of vehicles and the remaining two meters of road in Sy.Nos.406 and 407 of Parvathipuram village was encroached by the petitioners by erecting bunks. As such, the R&B department proposed for removal of the said encroachments keeping in view the road safety, human health and welfare. Accordingly, the Executive Engineer, R&B, Parvathipuram gave an announcement through mike on 20.12.2018 and 21.12.2018 directing removal of encroachments made alongside the road margin by the petitioners on or before 28.12.2018. Further, it is stated that the R&B authorities, with a view to avoid road accidents occurring frequently, proposed to remove the encroachments made by the petitioners. Hence, requested to dismiss the writ petition. 5. Perused the entire material available on record. The facts of the writ petition are not in dispute. Today when the writ petition came up for hearing, learned Assistant Government Pleader for Revenue has furnished a copy of the letter addressed by the 3rd respondent bearing Rc.No.705/2025/SA, dated 11.08.2026 wherein it is stated that the 6 VS,J W.P.No.338 of 2019 petitioners are still in possession of the bunks erected by them in the subject Government land and upon receipt of requisition from the R&B department, Parvathipuram, due process would be followed for removal of such encroachments by duly following the procedure stipulated under the Andhra Pradesh Land Encroachment Act, 1905. 6. 6. The said instructions would establish the fact that as on today, the petitioners are in possession of the bunks erected by them in the land adjacent to the Mandal Revenue Office, Parvathipuram and that no action has been initiated by the respondent authorities. Further, it is clear that if at all the respondents receive requisition from the R&B department for removal of any encroachments, they would follow due process of law. 7. In view of the same, this writ petition is disposed of and the respondents are directed not to interfere with bunks erected by the petitioners adjacent to Mandal Revenue office, Parvathipuram, in the lands situated in Sy.Nos.406 and 407 of Parvathipuram village, 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/GNP