Constitution of India, Articles 14, 21 and 300-A — Writ of Mandamus — Demolition of Dwelling Houses — Requirement of Prior Notice — Natural Justice — Occupation for Several Decades — Alleged Encroachment over Irrigation Department Land — Held, even if the petitioners are encroachers, they cannot be dispossessed without issuance of prior show cause notice and opportunity of explanation — Some petitioners claiming assignment pattas — Validity thereof to be examined by respondents before taking any coercive action — Direction issued to serve show cause notice and consider petitioners’ objections by passing a speaking order — Till such process is completed, petitioners shall not be dispossessed — Writ Petition disposed of.
ORDER
[Per: Challa Gunarajan, J.]
The Writ Petition is filed under Article 226 of the Constitution of India seeking a direction in the nature of Mandamus declaring the action of the Respondents, particularly Respondent Nos. 1, 2 and 5 to 9, in initiating steps to dispossess the Petitioners from their dwelling houses situated in S.No.205/3, Lankapeta, Bhimavaram, West Godavari District, by demolishing the same even without prior written notice or enquiry, as illegal, unfair, unjustified and violative of Articles 14, 21 and 300-A of the Constitution of India and the principles of natural justice and fair play.
The Petitioners claim to be occupants of various extents of land in Sy.No.205/3, Lankapeta, Bhimavaram, for more than six decades, either through their ancestors or by themselves, having constructed residential houses thereon which are assessed to property tax and supplied with electricity. It is their grievance that the 6th respondent–Municipality is taking steps for demolition of their houses without any prior notice. Some petitioners also claim to have received assignment pattas from the Mandal Revenue Officer.
Learned Counsel for the Petitioners contends that even assuming encroachment, they cannot be dispossessed without notice and enquiry.
Learned Standing Counsel for the Municipality contends that the land belongs to the Irrigation Department classified as Yanamaduru Murugu Kalava, and that the alleged assignments do not pertain to the petitioners.
Held:
Even assuming the petitioners to be encroachers, they are entitled to prior show cause notice before any coercive action for demolition or dispossession. The claim of some petitioners regarding assignment pattas must also be examined for validity and legal effect. Unless such enquiry is conducted upon issuance of notice and consideration of objections, respondents cannot proceed with demolition or eviction.
Accordingly, the Writ Petition is disposed of with the following directions:
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Respondents shall issue show cause notice to the petitioners and call for their explanation before initiating any coercive action.
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Petitioners shall be permitted to submit their explanation raising all objections.
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Respondents shall thereafter pass appropriate speaking orders in accordance with law.
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Till such time, respondents are directed not to dispossess the petitioners from the subject property.
No order as to costs.
Miscellaneous petitions, if any, shall stand closed.APHC010531032025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3506]
FRIDAY,THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 27147/2025
Between:
1. SHAIK DARBAR,, W/O SHAIK ABDUL KARIM, AGED ABOUT 60
YEARS, R/O. D. NO. 4-2-17/1, WARD-38, LANKAPETA,
BHIMAVARAM, WEST GODAVARI DISTRICT.
2. THOTHURAMUDI VEERA SWAMY,, S/O PENTAYYA, AGED ABOUT
49YEARS, R/O. D. NO. 4-2-17/, WARD-38, LANKAPETA,
BHIMAVARAM, WEST GODAVARI DISTRICT..
3. ADDANKI NIRMALAPATHI RAJU, , S/O ADDANKI CHINNA ISMAIL,
AGED ABOUT 62 YEARS, R/O. D. NO. 4-2-7, REVENUE WARD-4,
LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT.
4. BAMMIDI DURGA, , W/O DURGA RAO, AGED ABOUT 50 YRS, R/O.
D. NO. 4- 2-5, WARD-38, LANKAPETA, BHIMAVARAM, WEST
GODAVARI DISTRICT.
5. VAGIRI MOUNT ZION SYAM PRASAD,, AGED ABOUT 63 YEARS,
R/O. D.NO. 4-2-43, WARD-38, LANKAPETA, BHIMAVARAM, WEST
GODAVARI DISTRICT.
6. B. VIJAYA KUMARI,, W/O. JAMES KENT SAM PRASAD VAGIRI,
R/O. D. NO. 4-2-42/1, WARD-38, LANKAPETA, BHIMAVARAM,
WEST GODAVARI DISTRICT.
7. PILLI RAVI KRAN,, S/O CHITTI MOSES, AGED ABOUT 39 YEARS,
R/O. D. NO. 4-2-9, REVENUE WARD-4, LANKAPETA,
BHIMAVARAM, WEST GODAVARI DISTRICT.
8. PILLI MANI KUMAR, S/O CHITTI MOSES, AGED ABOUT 36 YEARS,
R/O. D. NO. 4-2-9, REVENUE WARD-4, LANKAPETA,
BHIMAVARAM, WEST GODAVARI DISTRICT
9. MARY RAGEENA SANTHA KUMARI KURELLA,, W/O. SAUL RAJU,
AGED ABOUT 65 YEARS, R/O. D. NO. 4-2-49, WARD-4,
2025:APHC:41068
2
LANKAPETA, BHIMAVARAM, WEST GODAVARI DISTRICT.
10. SALLABATHULA RAMANA,, W/O. SALLABATHULA VIJAYA BABU,
AGED ABOUT 38 YEARS, R/O. 4-2-2/2, WARD-38, LANKAPETA,
BHIMAVARAM, WEST GODAVARI DISTRICT.
11. MADASU CHINNA APPANA,, S/O. M. NARASIMHAMURTHY, AGED
ABOUT 50 YEARS, R/O. D. NO. 4-2-6, WARD-38, LANKAPETA,
BHIMAVARAM, WEST GODAVARI DISTRICT.
...PETITIONER(S)
AND
1. STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL
SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT,
VELAGAPUDI, GUNTUR DISTRICT, A.P.
2. THE DISTRICT COLLECTOR, OF WEST GODAVARI DISTRICT, O/O.
COLLECTORATE, BHIMAVARAM.
3. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION
AND URBAN DEVELOPMENT, A.P. SECRETARIAT, VELAGAPUDI,
GUNTUR DISTRICT, A.P.
4. STATE OF ANDHRA PRADESH, , REP. BY ITS COMMISSIONER AND
DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN
DEVELOPMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR
DISTRICT, A.P.
5. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT,
VELAGAPUDI, GUNTUR DISTRICT, A.P.
6. BHIMAVARAM MUNICIPALITY, REP. BY ITS COMMISSIONER,
TOWN HALL ROAD, GANDHINAGAR, BHIMAVARAM, A.P. 534201.
7. THE SUPERINTENDENT ENGINEER, DRAINAGE DIVISION,
SETTIPURA, NIDADAVOLE, WEST GODAVARI DISTRICT, A.P.
8. THE EXECUTIVE ENGINEER DRAIN, AGE DIVISION, O/O. THE
MUNICIPAL COMMISSIONER, BHIMAVARAM MUNICIPALITY,
TOWN HALL ROAD, GANDHINAGAR, BHIMAVARAM, A.P. 534201.
9. THE ASSISTANT ENGINEER, DRAINAGE DIVISION, O/O. THE
MUNICIPAL COMMISSIONER, BHIMAVARAM MUNICIPALITY,
TOWN HALL ROAD, GANDHINAGAR, BHIMAVARAM, A.P. 534201.
2025:APHC:41068
3
...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 pass orders, to issue writ, order or direction, more particularly, one
in the nature of Writ of Mandamus, declaring the action of the Respondents,
more particularly the Respondent Nos. 1 and 2 and 5 to 9 and its authorities
from initiating steps to dispossess the Petitioners from their dwelling houses
by demolishing the same in S. No. 205/3, situated in Lankapeta,
Bhimavaram, West Godavari District, even without prior written notice and
enquiry, as illegal, unfair, unjustified and violative of Articles 14, 21 and 300 A
of the Constitution of India and the laid principles of natural justice and fair
play, thereby direct the Respondents not to initiate coercive steps of forceful
demolition of the dwelling houses and forceful dispossession of the
Petitioners from their respective properties in S. No. 205/3, Lankapeta,
Bhimavaram in the interest of justice and to 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
pass interim orders directing the Respondent Authorities, not to initiate any
coercive steps against the Writ Petitioners, thereby direct the Respondents
not to demolish the dwelling houses or dispossess the Petitioners from their
respective properties in S. No. 205/3 of Lankapeta, Bhimavaram, West
Godavari District, pending disposal of the writ, in the interest of justice, and
also to pass
Counsel for the Petitioner(S):
1.ANIL KUMAR DASARI
Counsel for the Respondent(S):
1.GP FOR REVENUE
2.GP FOR IRRI AND CAD
3.GP MUNCIPAL ADMN AND URBAN DEV AP
2025:APHC:41068
4
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 27147/2025
Order:
This Writ Petition is filed under Article 226 of the Constitution of India for
the following relief/s:-
“…to issue writ, order or direction, more particularly, one in the
nature of Writ of Mandamus, declaring the action of the
Respondents, more particularly the Respondent Nos.1 and 2 and 5
to 9 and its authorities from initiating steps to dispossess the
Petitioners from their dwelling houses by demolishing the same in
S.No.205/3, situated in Lankapeta,Bhimavaram, West Godavari
District, even without prior written notice and enquiry, as illegal,
unfair, unjustified and violative of Articles 14, 21 and 300 A of the
Constitution of India and the laid principles of natural justice and fair
play, thereby direct the Respondents not to initiate coercive steps of
forceful demolition of the dwelling houses and forceful
dispossession of the Petitioners from their respective properties in
S.No.205/3,Lankapeta,Bhimavaram in the interest of justice and to
passsuch other order or orders.…”
2. The present Writ Petition is filed questioning the action of respondents
in initiating steps for demolition of the dwelling houses and dispossessing the
petitioners from the respective house properties situated in Sy.No.205/3 of
Lankapeta, Bhimavaram Mandal, West Godavari District, as illegal, arbitrary
and violation of Principles of Natural Justice.
3. Heard Sri Anil Kumar Dasari, learned counsel for the petitioners and
Smt. V.Sireesha Rani, learned Standing counsel for Municipalities appearing
for respondent No.6.
4. The petitioners claim to be the occupants of various extents of land in
Sy.No.205/3 of Lankapeta, Bhimavaram Mandal, West Godavari District,
2025:APHC:41068
5
formore than six decades, either through their ancestors or by themselves
being in occupation of the said land. They have also constructed residential
houses over the same and the said properties also assessed for property tax
and even provided with electricity. However, now the respondent No.6-
Municipality has resorted to taking steps for demolition of house structures
and also dispossessing them without any prior notice. Some of the petitioners
have traced their right to the property through an Assignment order stated to
have been issued by Mandal Revenue Officer.
5. Learned counsel for the petitioners submits that the petitioners have
been residing in the houses in aforesaid survey number for a considerable
period of time and that some of them have been issued pattas by Mandal
Revenue Officer.Therefore, even without issuing any prior notice, they cannot
be dispossessedby demolition the existing structures, which is clearly in
violation of Principles of Natural Justice.
6. On the other hand, Smt. V.Sireesha Rani, learned Standing counsel
appearing for the respondent No.6-Municipality, submits that the petitioners
are all encroachers and the subject land belongs to Irrigation Department,
which has been classified as YanamaduruMuruguKalava.None of the
assignments which have been placed along with the Writ Petition pertain to
any of the petitioners. Therefore, they cannot assert any right or title to the
said property.
2025:APHC:41068
6
7. The fact remains that the petitioners are presently in occupation of
various extents and have also constructed houses and are living there.Even if
it is to be treated that petitioners are encroachers, still they are entitled to be
issued prior show cause notice before any steps are initiated to either
dispossess or demolition of the structures. That apart, since some the
petitioners claim to have been issued assignmentpattas, even the said aspect
is also required to be examined whether such pattas are validly issued and
whether any rights accrue in favour of the petitioners. Unless aforesaid
exercise is conducted by issuing prior notice to the petitioners, they cannot be
straight away dispossessed from the subject property.
8. In view of the aforesaid submissions made by the respect counsels and
considering the facts and circumstances of the case, it would suffice to
dispose of the Writ Petition at the admission stage by directing the
respondents to issue show cause notice to the petitioners and call for
explanation before they propose any coercive action against petitioners. Upon
issuance of such show cause notice, the petitioners are permitted to submit
explanation raising all objections and thereafter, the respondents are to pass
appropriate speaking orders in accordance with law. Till such time the
respondents are directed not to dispossess the petitioners from the subject
property.
9. Accordingly, the Writ Petition is disposed of. There shall be no order as
to costs.
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As a sequel, miscellaneous petitions, pending if any, shall stand closed.
______________________________________
JUSTICE CHALLA GUNARANJAN
Date: 03.10.2025
SNI
2025:APHC:41068
8
2
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 27147/2025
Date: 03.10.2025
SNI
2025:APHC:41068