The High Court disposed of the writ petition without delving into disputed facts, directing respondents to refrain from interfering with petitioners' possession over land in Survey No. 124.
Direction to respondents not to interfere with the petitioners' possession over the land (structure) in Survey No. 124.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO; 9187 OF 2020
Between:
Bondapalli Mandal, Vizianagaram District
D.No. 1-153, Kondapeta Village, H/o Veduruvada Gram Panchayat,
Bondapalli Mandal, Vizianagaram District
...PETITIONERS
AND
Building, Amaravathi, Guntur District, Represented by its Principal
Secretary
Principal Secretary
Andhra Pradesh Tadepalli, Guntur District
District
5^
Vizianagaram District
Vizianagaram District
...Respondents
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 of mandamus or any other appropriate writ or direction 1) declaring the action of respondents No. 4 to 10 in threatening to dispossess the petitioners from the house sites granted to them to an extent of 20 sq yards to each petitioner in Survey No. 124 of Kondapeta H/o Veduruvada Viiiage, Bondapaili Mandai, Vizianagaram District vide Rc No. 101/2005/A dated 13.06.2005 by the S^respondent without issuing any notice, without following due process of law and without cancelling the possession certificates granted in favour of the petitioners and 2) declaring the action of respondents No. 4 to 10 in constructing Village Secretariat Buiiding/ GramaSachavaiayam Buiiding in the petitioner's house sites situated to an extent of 20 sq yards to each petitioner in Survey No. 124 of Kondapeta H/o Veduruvada Viiiage, Bondapalli Mandal, Vizianagaram District as illegal, arbitrary and in violation of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India.
lA NO: 2 OF 2020
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 to stay of all further proceedings including construction of Village Secretariat Building/GramaSachivalayam Building in the petitioners land situated in Survey No. 124 to an extent of 20 sq yards of each petitioner of Kondapeta H/o Veduruvada Village, Bondapalli Mandal, Vizianagaram District, pending disposal of WP No. 9187 of 2020, on the file of the High Court.
lA NO: 1 OF 2020
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 to disposes the petitioners from the thatched houses situated to an extent of 20 sq yards to each petitioner in Survey No. 124 of Kondapeta H/o Veduruvada Village, Bondapalli Mandal, Vizianagaram District, pending disposal ofthe WP.
Counsel for the Petitioners: SRI TADDI NAGESWARA RAO Counsel for the Respondent Nos.2 to 6 & 9: GP FOR PANCHAYAT RAJ Counsel for the Respondent Nos.7&10: SRI N. SRIHARI The Court made the following: ORDER
1
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.9187 of 2020
Gorle Chinnathalli, W/o Gorle Appa Rao, aged about 55 years, Housewife, R/o D.no.1-186, Kondapeta village, H/o Veduruvada Gram Panchayat, Bondapalli Mandal, Vizianagaram District and two others. ... Petitioners.
Versus
The State of Andhra Pradesh, Revenue Department, Secretariat Building, Amaravati, Guntur District, Represented by its Principal Secretary and ten others. ... Respondents.
: Sri Taddi Nageswara Rao Counsel for the petitioners : GP for Panchayat Raj 86 Rural Counsel for respondents 2 to 6 Development Counsel for respondents 7 8610 : Sri N.Srihari
ORDER
This Writ Petition is filed to declare the inactiononthe part of 3rd respondent in removing illegal constructions made by the 4* respondent, as illegal and arbitrary.
Page 2 of 3
SRSJ WP No.9187 of2020
Panchayat Raj 85 Rural Development for respondents 2 to 6 and Ms.Rosy, learned counsel representing Sri N.Srihari, learned standing counsel for respondents 7 86 10.
- Learned counsel for petitioners would submit that the petitioners were granted house site pattas in S.No. 124. He would also submit that averment made by the Panchayat Secretary in the counter affidavit that the authorities are not
Page 3 of 3 SRSJ WPNo.9187 of2020
A'-
interfering with the possession of petitioner’s site in
S.No. 124, may be recorded.
- In view of the same, without going into other disputed questions of fact, the Writ Petition is disposed of directing the respondents not to interfere with the petitioners’ possession over the land (structure) in S.No. 124. No costs.
As a sequel, pending miscellaneous petitions, if any. shall stand closed.
//TRUE COPY//
SD/- B. PRASADA RAO ASSISTANT REGISTRAR SECfrON OFFICER
To,
Panchayat, Bondapalli Mandal, Vizianagaram District
HIGH COURT
DATED:15/02/2024
ORDER
WP.No.9187 of 2020
OF ANO/^
m
5 U AUG 202‘t
O to.
^ . Current Section ^
^ ^c^spatcv^IS.^
DISPOSING THE WP WITHOUT COSTS
2 issues framed by the court
Whether the authorities can be restrained from interfering with the petitioners' possession over land in Survey No. 124.
Whether the Writ Petition challenging the inaction of the 3rd respondent in removing illegal constructions should be allowed.
Gorle Chinnathalli and others
The State of Andhra Pradesh Revenue Department
The State of Andhra Pradesh Panchyat Raj and Rural Development Department
The District Collector (Panchayat Raj)
The Executive Engineer, Panchayat Raj Department
The Mandal Praja Parishad Development Officer Bondapalli Mandal
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
