IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA^^^^J^ (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH (1 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6985 OF 2025 <n i Between; Bhutu Nagooraiah, S/o. Bhakkaiah Age 61 years, Resident of Main Road Near Aanjaneyaswamy Temple, Virampalli Village Manubolu Mandal, SPSR Nellore District. ...Petitioner AND •1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District at Nellore. 3. The Revenue Divisional Officer, Nellore Division, Nellore, SPSR Nellore District. 4. The Tahsildar, Manubolu Mandal Manubolu, 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 be pleased to issue an appropriate order or direction, more particularly, in the nature of Writ of Mandamus declaring the action of Respondents in trying to dispossess the petitioner from the land in an extent of Ac. 0.11 cents in Sy. No. 275/2A3, Ac. 0.11 cents in Sy. No. 275/2A4 and Ac. 0.11 cents in Sy. No. 275/2A5 of Vadlapudi Village, Manubolu Mandal, SPSR Nellore District, without following due process of law, as illegal, arbitrary, high handed, ultra vires, against to the principles of natural justice contrary to law apart from violation of Article 300-A of the Constitution of India and consequentially direct the Respondents petitioner from the land in an extent of Ac. 0.11 cents in Sy. No. 275/2A3, may one and no to dispossess the Ac. 0.11 cents in Sy. No. 275/2A4 and Ac. Vadlapudi Village, Manubolu following the due process of law in the interest of justice. lA NO: 1 OF 0.11 cents in Sy. No. 275/2A5 of without Mandal, SPSR Nellore District Petition under Section 151 CPC stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the Respondents not to dispossess the land in an extent of Ac. 0.11 praying that in the circumstances petitioner from the cents in Sy. No. 275/2A3, Ac. 0.11 cents in Sy. No. 275/2A4 and Ac. 0.11 Village, Manubolu Mandal, SPSR Nellore cents in Sy. No. 275/2A5 of Vadlapudi District, pending disposal of the above Writ Petition in the interest of Justice. Counsel for the Petitioner: SRI KAMBHAMPATI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: RAMESH BABU 4 APHC010136382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6985/2025 Between: ...PETITIONER Bhutu Nagooraiah AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGAnnA WRIT PETITION No.6985 OF 2Q2fi ORDER:- This writ petition is filed under Article 226 of the Constitution India seeking the following relief;- “to issue of the . . uppropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in trying to dispossess the petitioner from the land in an extent of Ac. 0.11 cents in Sy No 275/2A3 Ac.0.11 cents in Sy.No.275/2A4 and Ac.0.11 cents in Sy.No.275/2A5 of Vadlapudi Village, Manubolu Mandal, SPSR Nellore District without following due process of law as Illegal arbitrary, high handed ultra vires against to the principles of natural justice and contrary to law apart from violation of Article 300-A of the Constitution of India and consequentially direct the Respondents not to dispossess the petitioner from the land in an extent of Ac.0.11 cents in Sy.No.275/2A3, Ac.0.11 cents in Sy.No.275/2A4 and Ac.0.11 cents in Sy.No.275/2A5 of Vadlapudi Village, Manubolu Mandal, SPSR Nellore District without following the due process of law in the interest ofJustice and pass such other order or orders...” 2. The case of the petitioner, in brief is that, the petitioner herein is the absolute owner and possessor of the lands admeasuring to ah extent of Ac.0.85 cents in Sy.No.274/2A1, Ac.0.11 cents in Sy.No.275/2A3, Ac.0.11 cents in Sy.No.275/2A4 and Ac.0.11 cents in Sy.No.275/2A5 of Vadlapudi Village, Manubolu Mandal, SPSR Nellore District having acquired the said lands by way of assignment by respondent No.4 vide proceedings in ROC No.233/09. Accordingly, respondent No.4 recorded the name of the petitioner in the revenue records and also issued pattadar pass books in favour of the petitioner. Since then, the petitioner -A has been in peaceful possession and enjoyment of the subject property without there being any interference or hindrance from any quarter and eking out his livelihood by doing agricultural operations. While so, on 12.03.2025, respondent No.4 along with his staff visited the subject lands of the petitioner and threatened the petitioner to vacate the subject lands. Subsequently, on 13.03.2025, the petitioner herein approached respondent No.4 and requested him not to evict the petitioner from the subject lands. Without considering the said request, without issuing any notice or without following due procedure as contemplated under the law respondent No.4 straight away directed the petitioner to evict the subject lands. Such action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of the petitioner without following the due procedure as contemplated under law is highly illegal, arbitrary and contrary to law. Hence, the writ petition. Heard learned counsel for the petitioner and learned Government 3. Pleader for Revenue for the respondents. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere and dispossess the petitioner from the subject property without following due process of law. 4. 5. On the other hand, learned Government Pleader for Revenue appearing for the respondents submits that if the respondents intend to dispossess the petitioner from the subject property, the respondents will follow due process of law. 6. Having regard to the submissions made by the learned counsel for and learned Government pleader for the respondents, it is the petitioner settled proposition of law that when the petitioner is in settied possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such of the respondents wouid amount to depriving the highhanded action constitutional right guaranteed under Article 300-A of the petitioner’s constitution of India, besides vioiation of Articie 14 of the Constitution of India. Even assuming for a moment that this petitioner's possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex RameGowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) Court in by LRs and another', when the petitioner is in settled possession and he cannot be dispossessed, without following enjoyment of the property due process of law. Therefore, the respondents are directed not to petitioner from the subject property, except by following dispossess the due process of law. ’2004(1) see 769 With the above direction, the Writ Petition is disposed of, at the admission stage, with the consent of both the learned cousnel. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGI^RAR //TRUE COPY// SE N OFFICER To, 1. The Principal Secretary Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District 2. The District Collector, SPSR Nellore District at Nellore. 3. The Revenue Divisional Officer, Nellore Division, Nellore, SPSR Nellore District. 4. The Tahsildar, Manubolu Mandal Manubolu, SPSR Nellore District. 5. One CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:19/03/2025 ORDER WP.No.6985 of 2025 ^ % X 21 MAK 2125 11 ^ . Current Section DISPOSING OF THE WP WITHOUT COSTS