APHC010115202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5740/2025 Between: Ettamsetti Mahalakshmi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5740/2025 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 respondent authorities in interfering with the peaceful possession of the petitioner and making efforts to dispossess the petitioner from her agricultural land situated in Survey No.68/2 admeasuring to an extent of Ac.2.00 cents situated at Mulagapudi Village, Nathavaram Mandal, Ankapalle District, Andhra Pradesh at the instance of the unofficial respondents without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Hon’ble Apex court in the case of Rame Gowda V/S M Varadappa Naidu Citation: 2003 LawSuit(SC) 1248 and consequently direct the respondents not to interfere into the peaceful possession of the subject property situated at Survey No.68/2 admeasuring to an extent of Ac.2.00 cents situated at Mulagapudi Village, Nathavaram Mandal, Ankapalle District, Andhra Pradesh except by following due process of law 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 of the subject property admeasuring to an extent of Ac.2.00 cents in survey No.68/2 situated at Mulagapudi Village, Nathavaram Mandal, Ankapalle District, having acquired the same through a registered sale deed bearing document 3 No.521/1981. Since then, the petitioner has been in possession of the subject property. By recognizing the title and possession of the petitioner, the revenue authorities issued revenue records in favour of the petitioner. Later, the petitioner has taken crop loan by depositing the sale deed, passbook and title deed. 4. Learned counsel for the petitioner further submits that the unofficial respondents have got a land situated towards the eastern side of the subject land. The petitioner has raised cashew crop in the subject land. While things stood thus, the unofficial respondents are trying to interfere with the petitioner’s subject property. Aggrieved by the same, the petitioner filed O.S.No.41 of 2025 on the file of the Civil Judge (Junior Division) at Narsipatnam, seeking for permanent injunction and I.A.No.47 of 2025 seeking for temporary injunction, wherein the trial court granted temporary injunction. Even though the trial court granted temporary injunction in favour of the petitioner, the unofficial respondents colluding with the official respondents are trying to interfere with the petitioner’s peaceful possession and enjoyment of the subject property without following due process of law. Hence, the present Writ Petition. 5. Learned Government Pleader for the respondents furnished the written instructions dated 06.03.2025 issued by the 4th respondent, wherein it is stated as follows: 4 “It is submitted that the petitioner and respondent Nos.6 to 9 made complaints before the Tahsildar, Nathavaram, respondent No.4 and the SHO, Nathavaram, respondent No.5 against one another to redress their dispute in respect of the zeroithi land situated in Sy.No.68/2 at Mulagapudi Village of Nathavaram Mandal of Anakapalli District. Pursuant to the said petitions, the Tahsildar, Nathavaram and the S.H.O, Nathavaram visited the subject land to know the cause of dispute among them. During inspection of the land, both the petitioner and the non-official respondents had resisted the official respondents i.e., the Tahsildar, Nathavaram and the S.H.O., Nathavaram as there is no need to enquiry the matter as the court case is pending on the said land. Therefore, the official respondents returned from the subject land. No action has been taken on the said land so far, as the said land is zeroithi land. Having been made a complaint one another, the respondent Nos.4 and 5 visited the subject land otherwise there is no need to visit the subject land. Actually the Tahsildar is nothing to do with the subject land. There is no need to mutate on the subject land in Sy.No.68/2 because already mutated the names of the petitioner and non-official respondents as per their ownership copy of Adangal is herewith enclosed. The petitioner has filed this Writ Petition with malafide intention to harass the official respondents by suppressing the above facts.” 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for 5 the respondents and on perusal of the written instructions of the 4th respondent, this Court is of the considered opinion the present Writ Petition can be disposed of directing the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property without follow due process of law. 7. 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 06.03.2025 TTPPSS 6 136 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5740 of 2025 06.03.2025 TTPPSS