APHC010060692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3147/2025 Between:

Bhupathi Samelu and Others ...PETITIONER(S)

AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. TATA SINGAIAH GOUD Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:

ORDER

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue an appropriate writ, order, or orders, direction, more particularly one in the nature of Writ of Mandamus declaring the high handed action of 2 nd respondent in attempting to demolish the Residential Buildings, Asbestas sheeted houses belonging to the petititioners situated at Siddapuram Road in different Door Numbers of 21 st ward Akeveedu Municipality, West Godavari District with out any Notice in collussion with Police is illegal arbitrary, violation of principals of natural justice, apart from contrary to Articles 14, 19, 21 of constitution of India and conssequently direct the 2 nd respondent to STAY of all further procedings in attempting to demolsh the Residential Buildings, Asbestas sheeted houses belonging to the petititioners situated at Siddapuram Road in different Door Numbers of 21 st ward Akeveedu Municipality, West Godavari District and to pass…”

2. The Government of Andhra Pradesh, after considering the poverty suffered by the petitioners’ forefathers, has granted permission to construct houses during the year 1977 in Siddapuram Road, 21^st ward of Akeveedu Municipality, erstwhile Akeevedu panchayath, West Godavari District and accordingly, the petitioners have constructed pucca houses in the said land and are living there peacefully.

3. While the matter stood thus, on 04.02.2025, the 2^nd respondent along with police and procliners/bulldozers have tried to demolish the houses constructed by the petitioners at Siddapuram Road of 21^st ward Akeveedu Municipality as the petitioners have constructed the pucca houses by encroaching the road margin. Aggrieved by the action of the 2^nd respondent in not issuing any written notice before dispossessing the petitioners from the subject property of Government situated in ward No.21, West Godavari District, the present writ petition is filed.

4. Heard learned counsel for the petitioners and Mrs. Sireesha Rani Vallabhaneni, learned Standing Counsel for 2^nd respondent.

5. During the course of arguments, learned counsel for the petitioners, though has raised several contentions has argued that the respondent authorities, without issuing any notice and without following due process of law, are trying to evict the petitioners from the subject property and are trying to demolish the buildings constructed by the petitioners, which amounts to violation of principles of natural justice.

6. Learned Standing Counsel on the other side has admitted that no notice was issued to the petitioners before trying to dispossess them from the subject property, as they did not hold any sale deed in their favour. However, learned Standing Counsel has submitted that if at all the respondent authorities intend to dispossess the petitioners from the subject property, they would follow the due procedure contemplated under law.

7. As rightly pointed out by learned Standing Counsel, except filing the receipts of property tax, the petitioners have not filed any other documents to prove that they are the owners of the subject property. However, the petitioners are in possession and enjoyment of the subject property. When the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in Rame Gowda (dead) by L.R.s. v. M.

Varadappa Naidu (Dead) by L.Rs, 2004 (1) SCC 769

8.