IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5825 OF 2025 Between: 1. Yamala Mahendra, S/o. Mallaiah, Aged about 33 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. 2. Yamala Ankaiah, W/o. Lakshmaiah, Aged about 37 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. 3. Yamala Lakshmamma, W/o. Madhu, Aged about 41 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. 4. VallipiLalithamma, W/o. Late. Venkataramanaiah Aged about 46 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. 5. Chandragiri Jayamma, S/o. Mallikarjuna, Aged about 45 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. 6. Yamala Venkatamma, W/o. Lakshmaiah, Aged about 68 years, R/o. Sangam Village Sangam Mandal, SPSR Nellore District. 7. Komiri Rajeswaramma, W/o. Ramesh, Aged about 44 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. 8. Yamala Hema, W/o. Ravi Kumar, Aged about 24 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. 9. Shaik Masthan Bee, W/o. Abdulla, Aged about 43 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. lO.Shaik Noorjha, W/o. Karimulla, Aged about 44 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. H.Tummala Ademma, W/o. Chinnaiah, Aged about 75 years, R/o. Sangam Village, Sangam Mandal, SPSR Nellore District. 12.Yamala Mamatha, W/o. Manohar, Aged about 32 years, R/o. Sangam Village Sangam Mandal, SPSR Nellore District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat buildings, Velagapudi Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Atmakur Division, Atmakur, SPSR Nellore District. 4. The Tahsildhar, Sangam Mandal, SPSR Nellore District. ...RESPONDENTS 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.4 in interfering with the peaceful possession and enjoyment of Petitioners property to an extent of Ac.0.015 cents/ 9 Ankanams each situated in Sy.No.252 of Sangam Village, Sangam Mandal, SPSR Nellore District as being illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct Respondent No.4 not to interfere with the peaceful possession and enjoyment of Petitioners property to an extent of Ac.0.015 cents/ 9 Ankanams each situated in Sy.No.252 of Sangam Village, Sangam Mandal, SPSR Nellore District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased may be pleased to direct Respondent No.4 not to interfere with the peaceful possession and enjoyment of Petitioners’ property to an extent of Ac.0.015 cents/ 9 Ankanams each situated in Sy.No.252 of Sangam Village, Sangam Mandal, SPSR Nellore District. Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010114912025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5825/2025 Between: Yamala Mahendra and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.MALIREDDY GOWTHAM Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.5825 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No. 4 in interfering with the peaceful possession and enjoyment of Petitioners property to an extent of Ac.0.015 cents/ 9 Ankanams each situated in Sy.No.252 of Sangam Village, Sangam Mandal, SPSR Nellore District as being illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct Respondent No. 4 not to interfere with the peaceful possession and enjoyment of Petitioners property to an extent of Ac. 0.015 cents/ 9 Ankanams each situated in Sy.No.252 of Sangam Village, Sangam Mandal, SPSR Nellore District and pass such other order or orders... ” Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioners submits that the petitioners herein 3. are the absolute owners and possessors of the properties situated in Sy.No.252 of Sangam Village, Sangam Mandal, SPSR Nellore District. To the said properties, the 4’^ respondent issued the possession certificates in the year 2024 to an extent of Ac.0.015 cents/9 Ankanams each observing the more than twelve years in petitioners’ long standing possession i.e. Sy.No.252 of Sangam Village, Sangam Mandal, SPSR Nellore District. Since then, the petitioners have been in peaceful possession and enjoyment of the subject lands without any interference or hinderance from any quarter. While things stood thus, a week ago i.e., on 27.02.2025 respondent No.4 erected a board, with a note that the land in Sy.No.252 of Sangam Village belongs to the Government and trespassers will be prosecuted and also threatened the petitioners to vacate the subject lands, without issuing any notice and without assigning any reasons for such eviction/dispossession. The action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of the petitioners without following the due procedure as contemplated under law is highly illegal and contrary to law. Hence, the writ petition. On the other hand, learned Government Pleader for Revenue 4. appearing for the respondents furnished written instructions dated 06.03.2025 issued by respondent No.4, wherein, it is stated that as per the village records, the land in Sy.No.252 of Sangam Village is classified as Hill (Konda) poramboke and possession certificates were given to the petitioner on the ground that land is not fit for cultivation. There is some portion of vacant land in the said survey number, and in that land, the Government is proposing to construct health care centre and cancer hospital. The 4*^ respondent had erected the notice board on the vacant site, only with an intention to protect the Government land and avoid further encroachments. It is further stated that it is only an apprehension of the petitioners that the respondents are trying to evict/dispossess the petitioners from their respective properties and they did not interfere with the peaceful possession and enjoyment of the subject property of the petitioners. He further submits that in the event of ‘"-.j f-' dispossession of the petitioners from their respective lands, the respondents will follow due process of law. 5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents not to interfere with the peaceful possession and enjoyment of the subject properties of the petitioners without following due process of law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// r SECTION OFFICER To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi Amaravathi, Guntur District. The District Collector, SPSR Nellore District, Nellore. The Revenue Divisional Officer, Atmakur Division, Atmakur, SPSR Nellore District. The Tahsildhar, Sangam Mandal, SPSR Nellore District. One CC to Sri Malireddy Gowtham, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 1. 2. 3. 4. 5. 6. 7. Cnr HIGH COURT DATED:07/03/2025 2 1 MAR 2025 g Current Section . ^ ORDER WP.No.5825 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS