APHC010113422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5916/2025 Between: Kodamala Samuel ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5916/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in interfering with peaceful possession and enjoyment of petitioner agricultural lands with an extent of Ac.3.11 cents comprised in Sy.No.827-2 and Ac.0.55 cents comprised in Sy.No.827-4 in total with an extent of Ac.3.66 cents of Nandanavanam Village, Hanumanthunipadu Mandal, Prakasam District as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from their agricultural lands with an extent of Ac.3.11 cents comprised in Sy.No.827-2 and Ac.0.55 cents comprised in Sy.No.827-4 in total with an extent of Ac.3.66 cents of Nandanavanam Village, Hanumanthunipadu Mandal, Prakasam District and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.3.11 cents in survey No.827-2 and Ac.0.55 cents in Sy.No.827-4 in total Ac.3.66 cents in Nandanavanam Village, Hanumanthunipadu Mandal, Prakasam District. Recognizing the possession of the petitioner, the revenue authorities issued pattadar pass books and title deeds in favour of 3 the petitioner. While things stood thus, the 3rd respondent issued notice dated 13.02.2024 directing the petitioner to appear for enquiry on the ground that the 4th respondent has sought for mutation of the revenue entries. Later, the 3rd respondent visited the subject land and informed that they are proposing to mutate the entries in favour of the 4th respondent. Without issuing any notice, the respondents are trying to interfere with the peaceful possession and enjoyment of the petitioner’s subject property. Hence, the present Writ Petition. 4. Learned Government Pleader for the respondents furnished written instructions dated 05.03.2025 issued by the 3rd respondent, wherein it is stated as follows: “In view of the above, it is further submitted that no action taken against the writ petitioner till date by the Tahsildar, H.M.Padu to dispossess the petitioner form their agricultural lands with an extent of Ac.3.11 cents in survey No.827-2 and an extent of Ac.0.55 cents in Sy.No.827-4 of Nandanavanam. If any action has to be taken in this regard, notices will be issued to both parties and orders will be passed on merits of documents after completion of enquiry. No orders passed without following due procedure of law. Hence, this Writ Petition deserved for dismissal. Connected documents are herewith submitted for kind perusal.” 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this 4 Court is of the considered opinion the present Writ Petition can be disposed of directing the respondents not to interfere or dispossess the petitioner from the subject property, without follow due process of law. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 10.03.2025 TTPPSS 5 116 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5916 of 2025 10.03.2025 TTPPSS