The court affirmed that property rights must be protected by law, emphasizing due process in cases of land encroachment and the necessity for just compensation under constitutional provisions.

Tarlada Rajasekhar Rao, J.

The Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:

“to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondents Nos. 3 to 10 as it is illegal, arbitrary, unconstitutional, violation of principles of natural justice and violative of Articles 14,19(1)(g), 21 and 300-A of the Constitution of India in not implementing the order dated 06.12.2021 and consequently prayed to direct the respondents to pay compensation as per prevailing market value and damages including the cost of litigation to the 1st Petitioner in respect of petitioners land being illegally has been encroached without following due process of Law by the respondents to an extent of Ac.0.05 cents in Sy.No.164/2 in Peruru Village, Amalapuram Mandal, East Godavari District (presently) Dr. B.R. Ambedkar Konaseema District) and to pass such other order or orders…..

2. The Writ Petition is filed either to enforce the order of the 2^nd respondent-the District Collector, dated 06.12.2021, to remove the BT road and restore possession of the petitioners’ land, or to direct the respondents to provide compensation for an area of AC.0-05 cents of land in Survey No.164/2, situated in Peruru Village, Amalapuram Mandal, East Godavari District, now within Dr. B.R. Ambedkar Konaseema District, that has been encroached upon by the respondent Nos.3 to 10.

3. Facts of the case, the petitioners asserted in the affidavit filed in support of the writ petition that the 1^st petitioner and his elder brother by name late Sri Kameswara Rao are the absolute owners of the land admeasuring Ac.0.19 cents each in Survey No.164/2, situated at Peruru village, Amalapuram Mandal, and the 1^st petitioner is in the possession of his share of land admeasuring Ac.0-095 cents and also looking after his brother’s share. During the Covid period, the respondent Nos.6 to 9 have encroached the 1^st petitioner’s land to an extent of Ac.0.05 cents in survey No.164/2 out of Ac.0-095 cents, initially laid red gravel road and later laid a B.T. road known as KANF road to Bodasakurru Bridge passing through Chintapallivaripalem of Peruru village, Amalapuram Mandal, Dr. B.R. Ambedkar Konaseema District, without any notice, without following the due process of law and thereby they have encroached into the land of the 1^st petitioner.

4. The 1^st petitioner has approached the authorities to handover the portion of the land back to the 1^st petitioner which was encroached by the respondent Nos.3 to 10, as there is no response, the 2^nd petitioner who is the son of the 1^st petitioner herein, filed two online applications through Spandana (1) EAG20211026336, dated 26.10.2021 and EAG20220326632, dated 26.03.2023 respectively, requesting the authorities to handover the land which is encroached by the respondent Nos.3 to 10, by removing the B.T. road, to an extent of Ac.0.05 cents of land in survey No.164/2.

5. The 9^th respondent has addressed a letter vide reference No.Spandana/Peruru/A.E/Amalapuram/2021, dated 29.11.2021 to the 3^rd respondent to get the survey done immediately and to submit a report in respect of survey No.164/1, which is R&B land and Survey No.164/2, which is the 1^st petitioner’s land, as against the petitioners’ application through Spandana, dated 26.10.2021. The 2^nd respondent- District Collector, through proceedings dated 06.12.2021, in pursuance of the application made by the 2^nd