APHC010654252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 34215/2025 Between:

1. GADDAM SUBBAMMA, W/O RAMANAIAH, AGED ABOUT 44 YEARS,R/O D.NO.4-146A, TANGATUR VILLAGE,BANAGANAPALLE MANDAL, KURNOOL DISTRICT-518124 CELL 9959024973 ...PETITIONER AND

1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY ,DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDING,SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT.

2. THE COMMISSIONER AND DIRECTOR, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, PVS ICON BUILDINGS,TADEPALLE,GUNTUR DISTRICT.

3. THE DISTRICT PANCHAYAT OFFICER, KURNOOL DISTRICT.

4. THE PANCHAYAT SECRETARY, TANGUTUR PANCHAYAT, BANAGANAPALLI MANDAL,KURNOOL DISTRICT

5. SURABOINA PRASAD, S/O VENKATASWAMY, AGED ABOUT 37 YEARS, R/O D.NO. 1-107, JILLELLA VILLAGE, BANAGANAPALLE MANDAL, KURNOOL DISTRICT-518176 CELL 9704189905 ...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 4th Respondent in issuing the impugned notice dated 03.11.2025, without authority of law, thereby forcibly interfering with the Petitioners settled and peaceful possession over the subject property in Survey No. 455/2B2, admeasuring Ac.0.049 Cents (241.77 sq. yards / 241.77 square yards equivalent, situated at Tangatur Village, Banaganapalli Mandal Kurnool District, and demanding that the Petitioner vacate the property and hand over the same to the 5th Respondent as as illegal, arbitrary, without jurisdiction, and unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 4th respondent not to interfere with the petitioners peaceful possession over the subject property and pass IA NO: 1 OF 2025 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 Suspend the operation of the Impugned Notice dated; 03.11.2025, thereby forcibly interfering with my settled and peaceful possession over the subject property in Survey No. 455/2B2, admeasuring Ac.0.049 Cents (241.77 sq. yards / 241.77 square yards equivalent, situated at Tangatur Village,Banaganapalli Mandal, Kurnool District and pending disposal of the main writ petition and pass Counsel for the Petitioner:

1. BUCHIGARI KIRAN Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order:

Impugning the notice dated 03.11.2025, thereby forcibly interfering with the petitioner’s peaceful possession over the property in survey No.455/2B2 admeasuring Ac.0.049 cents (241.77 sq yards), situated at Tangatur village, Banaganapalli Mandal, Kurnool District and demanding the petitioner to vacate the property and hand it over to respondent No.5

2. Heard Sri N.Siva Prasad, learned counsel, representing Sri B.Kiran, learned counsel for petitioner, Sri Bala Krishna, learned Assistant Government Pleader for Panchayat Raj Department and Sri M.Sudhir, learned standing counsel for Gram Panchayat.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner is the owner and possessor of the subject property, having purchased the same from respondent No.5 under a registered sale deed dated 28.06.2021 after payment of full and final consideration. He further submitted that taking advantage of sudden escalation in real estate prices, respondent No.5 with a mala fide intention to unlawfully re-acquire the property, instigated respondent No.4, as a result of which, a notice dated 15.10.2025 was issued directing the petitioner to vacate the property failing which th