APHC010719732022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27/2023 Between:

1. DIRISALA MANIKYAM, S/O D.RAMBABU, AGED 45 YEARS, OCC, COOLIE, RIO KAMBALAPALEM COLONY, ELESWARAM VILLAGE AND MANDAL, EAST GODAVARI DISTRICT, ...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH.

3. THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM, EAT GODAVARI DISTRICT.

4. THE COMMISSIONER, NAGARA PANCHAYATI, ELESWARAM MANDAL, EAST GODAVARI DISTRICT.

5. THE TAHSILDAR, ELESWARAM, ELESWARAM MANDAL, EAST GODAVARI.

6. KONALA VENKATA RAMANA, S/O K, MAHALAKSHMI. AGE, 25 YEARS, OCC, 6TH WARD COUNSELOR, ELESWARAM MANDAL, EAST GODAVARI DISTRICT. STATE OF ANDHRA PRADESH.

...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 tomay be pleased to issue an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondents No 2 to 6 not to interfering with the peaceful possession and enjoyment of our house site in Sy No 119 to an extent of 120 Sq. Yards, in Kambalapalem Colony, Eleswaram Village, Mandal, East Godavari District. which was assigned/allotted to me by Tahsildar, Eleswaram on 08-02-2007. Required for community hall, without Putting notice or following the due procedure contemplated under law, as being illegal, arbitrary and is violation of principle of natural justice apart from being in violation of Articles 14,and 21 of the constitution of India, and further threating to dispossess the petitioners without following due process of law is illegal, arbitrary, unconstitutional and consequently direct the respondents No 2 and 5 to consider the representations dated on 24-11-2022 and Mee Seva Vide Application No KKD2022112081657 dated on 28-11-2022, and pass such 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 may be pleased to direct the respondents No 2 to 6 not interefare with peaceful possession and enjoyment of our house site in Sy No 119 to an extent of 120 Sq. Yards of Kambalapalem Colony, lileswaram Village and Mandal, East Godavari District and State of Andhra Pradesh, pending disposal of the above writ petition and pass such IA NO: 2 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 vacate the interim orders issued in IA.No.1 of 2023 in WP.No.27 of 2023 dated.03-01-2023 and consequently dismiss the Writ Petition with costs on the grounds of devoid of merits and pass Counsel for the Petitioner:

1. M CHALAPATHI Counsel for the Respondent(S):

1. GP FOR REVENUE

2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27 of 2023

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“… to issue an order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 6 in interfering with the peaceful possession and enjoyment of petitioner’s house site in Sy.No.119 to an extent of 120 square yards situated at Kambalapalem colony, Eleswaram village and Mandal, East Godavari District, which was assigned/ allotted to the petitioner by the then Tahsildar, Eleswaram on 08.02.2007, without following due process of law as illegal and arbitrary and consequently direct the respondents not to interfere with