MOHAMMED MALLIKA BEBI vs THE STATE OF ANDHRA PRADESH

APHC010000252023 IN TH MONDA TWO THE HONOURA W Between: 1.

MOHAMMED MAL AGE.

60 YRS, OC RAMPACHODAVAR DISTRICT.

2.

SHAIK CHITTI FAH YRS, OCC.

HO RAMPACHODAVAR DISTRICT.

1.

THE STATE OF SECRETARY, PAN VELAGAPUDI, GUN 2.

THE GRAM RAMPACHODAVAR REP.

BY ITS SECR 3.

THE SAPRANC RAMPACHODAVAR DISTRICT.

4.

THE TAHSILDAR, R RAMA RAJU DISTR E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) AY, THE FIRST DAY OF DECEMBER THOUSAND AND TWENTY FIVE PRESENT ABLE SRI JUSTICE RAVI CHEEMAL WRIT PETITION NO: 51/2023 LIKA BEBI, W/O KHADAR MAHIDD CC.

HOUSE WIFE, R/O PEDAGED RAM MANDAL, ALLURI SEETHA HIMA BEBI, W/O SHEENI SHAADI K OUSE WIFE, R/O PEDAGEDD RAM MANDAL, ALLURI SEETHA ...P AND F ANDHRA PRADESH, REP.

B NCHAYAT RAJ DEPARTMENT, S NTUR DISTRICT.

PANCHAYAT, PEDAGEDDA RAM MANDAL, ALLURI SEETHA RETARY.

CH, PEDAGEDDA GRAM RAM MANDAL, ALLURI SEETHA RAMPCHODAVARAM MANDAL, AL RICT.

DESH [3332] LAPATI DEN SULTAN, DDA VILLAGE, RAMA RAJU KALI, AGE.

42 DA VILLAGE, RAMA RAJU PETITIONER(S) BY ITS PRL.

SECRETARAIT, VILLAGE, RAMA RAJU, PANCHAYAT, RAMA RAJU LLURI SEETHA 2 5.

TELEGAMSETTY APPARAO, S/O SURYA RAO, AGE.

55 YRS, R/O PEDAGEDDA VILLAGE, RAMPACHODAVARAM MANDEL, ALLURI SEETHA RAMA RAJU DISTRICT. ...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 order direction more particulalry one in the nature of Writ of MANDAMUS declaring the action of the respondents 2 to 4 in seeking to disposes the petitioners from their houses bearing D.No.3-326 and 3-327 situated at Peda Gedda Village, Rampachodavaram Mandal, Alluri Seethe Rama Raju District without following the due process of law as illegal, arbitrary and unjust and consequently directly the respondents not to evict the petitioners from their house properties as mentioned above and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affid the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 not to interefer and evict the petitioner from houses bearing D.No.3-326 and 3-327 situated at Peda Gedda Village, Rampachodavaram Mandal, Alluri Seetha Rama Raju District, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1.K VENKATESH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.VARA LAKSHMI CHEKURI 3.GP FOR PANCHAYAT RAJ RURAL DEV 4.N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3 The Court made the following order: The grievance of the petitioners is that without issuing any notice and without following the due process of law, respondent Nos.2 to 4 are trying to dispossess the petitioners from their houses bearing D.No.3-326 and 3-327 situated at Peda Gedda Villge, Rampachodvaram Mandal, Alluri Seetha Rama Raju District.

Heard Sri K.Venkatesh, learned counsel for the petitioners, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri Y.Koteswararao, learned standing counsel for Gram Panchayat.

3.

Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that the petitioners are in possession and enjoyment of the subject property.

The respondent authorities, without issuing any notice and without following the due process of law, are interfering with the petitioners’ possession over the subject property at the instance of respondent No.5.

Hence, prayed to pass orders protecting the interest of the petitioners.

On the other hand, learned standing counsel for Gram Panchayat placed on record the written instructions of the Panchayat Secretary, Pedageddada Grama Panchyat, Rampachodavaram Mandal, dated 01.12.2025 and submitted that the Gram Panchayat has not interfered with the petitioners’ possession over the subject property. property.

Hence, prayed to dismiss the Writ Petition.

4 5.

Perused the record and considered the submissions made by learned counsel for the parties.

6.

The contention of the petitioner is that without issuing any notice and without following the due process of law, the respondent authorities are interfering with the petitioners’ subject property.

To establish their possession over the subject property, the petitioners filed house tax receipts.

Perusal of the written instructions of the Panchayat Secretary shows that the respondents have not interfered with the petitioners’ subject property.

7.

Taking the submissions of both the learned counsel into consideration, since the respondent authorities have stated that they have not interfered with the petitioners’ property, this Court, without going into the merits of the case, is inclined to dispose of the same with the following direction: “The respondent authorities are directed not to interfere with the petitioners’ house bearing D.No.3-326 and 3-327 situated at Peda Gedda Village, Rampachodvaram Mandal, Alluri Seetha Rama Raju District, except under due process of law.” 8.

Accordingly, the Writ Petition is disposed of.

There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 01.12.2025 MP 307 5 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.51 of 2023 01.12.2025 MP