APHC010277272018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12462/2018 Between: 1. RUTTALA RAJESWARI, W/O RAJABABU, AGED ABOUT 50 YEARS, OCC AGRICULTURE R/O MADHURAWADA, VISAKHAPATNAM RURAL MANDAL, VISAKHAPATNAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, VISHAKAPATNAM, VISHAKAPATNAM DISTRICT. 3. THE TAHSILDAR, VISHKAPATNAM RURAL MANDAL, VISHAKAPATNAM 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 topleased to issue a writ or order or direction more particularly one in the nature of WRIT OF Mandamus declaring the action of the 3rd respondent in threatening to dispossess the petitioners from the agricultural land Adm.0.22Cents in Sy.No.29/P, Madhurawada Village, Vishakapatnam Rural Mandal and District without following due process of law as illegal, arbitrary, unconstitutional and contrary to the Law, and consequently direct the 2 VS,J W.P.No.12462 of 2018 respondents not to dispossess the petitioner from the above said land without following due process of law and pass. IA NO: 1 OF 2018 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 direct the respondents not to dispossess the petitioner from the agricultural land Adm. 0.22Cents IN Sy.No.29/P, Madhurawada Village, Vishakapatnam Rural Mandal and District without following due process of law, pending disposal of the main Writ Petition and pass. Counsel for the Petitioner: 1. M JANARDHAN RAO Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) The Court made the following: 3 VS,J W.P.No.12462 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue a writ or order or direction more particularly one in the nature of WRIT OF Mandamus declaring the action of the 3rd respondent in threatening to dispossess the petitioners from the agricultural land Adm.0.22Cents in Sy.No.29/P, Madhurawada Village, Vishakapatnam Rural Mandal and District without following due process of law as illegal, arbitrary, unconstitutional and contrary to the Law, and consequently direct the respondents not to dispossess the petitioner from the above said land without following due process of law and pass” 2. The petitioner claims to be a landless poor person and pursuant to an application submitted by the petitioner, she was granted a D-form patta by the 3rd respondent on 09.05.1979 vide DR.No.396/1989 for the land admeasuring Acs.0.22 cents in Sy.No.29/P situated at Madhurawada village, Visakhapatnam rural mandal and district. Ever since, the petitioner has been in peaceful possession and enjoyment of the said land by raising crops. 3. While so, due to alleged political influence, upon the direction of the 3rd respondent, the Revenue Inspector and other officials have approached the petitioner on 07.04.2018 and directed her to vacate the land without there being any notice or authority. Apprehending threat of 4 VS,J W.P.No.12462 of 2018 dispossession from the subject land, the petitioner has filed the present writ petition. 4. When the writ petition came up for admission on 12.04.2018, this Court has passed the following interim order: “…If petitioner is in possession and there is dispossession without following due process, for a period of two (2) weeks, the petitioner shall not be dispossessed.” The said interim order was thereafter extended from time to time. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 6. Today when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of instructions of the 3rd respondent vide RC.No.70/2026/A, dated 28.01.2026 wherein it is stated that as per revenue records, no part of the land in Sy.No.29 is under the lawful possession of the petitioner and that it was found after verification that no assignment was ever made in favour of the petitioner and that her name was never recorded in any revenue record at any point of time. As such, the question of dispossession of the petitioner from the peaceful possession does not arise. 7. Perused the entire material available on record. The facts of the writ petition are not in dispute. The petitioner has relied upon a certificate 5 VS,J W.P.No.12462 of 2018 issued by the jurisdictional Revenue Divisional Officer vide L.Dis.No.124/03, dated 16.08.2003 wherein, it was mentioned that the petitioner is having an extent of land admeasuring Acs.0.22 cents in S.No.29/P at Madhurawada village, Visakhapatnam rural mandal and that the D-form patta issued by the tahsildar in the year 1979 is genuine and that the said land is not a Government land. The certificate further states that the petitioner is in physical possession as per Mandal Surveyor Report. 8. Considering the facts and circumstances of the case, this writ petition is disposed of directing the respondent authorities not to interfere with the possession of the petitioner over the land admeasuring Acs.0.22 cents in Sy.No.29/P of Madhurawada village, Visakhapatnam rural mandal and district, without following due process of law, subject to the petitioner being in possession. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 18.06.2026 Gss