IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. (Special Original Jurisdiction) / FRIDAY, THE TWENTY EIGHTH QAY OF MARCH ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8286 OF 2025 Between: 1. Alluri Sushma, W/o. Satyanarayana Raju, Age 23 years, Occ. Household Duties, R/o. D No. 30-27-07, Lakshmipuram Colony, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District. 2. Mamidi Vara Lakshmi, W/o. Narasinga Rao, Age 44 years, Occ. Household Duties R/o. D No. 1-89, Old Aganampudi, Gajuwaka Mandal, Visakhapatnam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. 4. Tahsildar, Gajuwaka Mandal, Visakhapatnam 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in resorting to dispossess the petitioners from their residential plots alleging that the plots of the petitioners are falling in government land covered by Sy. No. 33 of Aganampudi Village Gajuwaka Mandal, Visakhapatnam District as illegal, arbitrary and violation of Article 300-A of the Constitution of India and violation of principles of natural justice and to consequently direct the respondents not to interfere with the petitioners residential plots may of the petitioners situated in and 28/50 and an extent of 160.33 an extent of 136.66 sq. yds in Sy. No. 28/35 sq. yds in Sy. No. 28/35 and 3 of Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District ground that they are falling in Sy. No. 33. on the lA NO: 1 OF 207fi 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 petitioners their residential plots situated in from an extent of 136.66 sq. yds in Sy. No. 28/35 and 28/50 and an extent of 160.33 sq. yds in Sy. No. 28/35 & 3 of Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District by boundaries under sale deed Doc. No. 4746/2021 covered and 4747/2021 dated 15-11-2021 respectively pending disposal of the writ petition. Counsel for the Petitioners: SRI V V SATISH Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010154882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) L> [3329] m FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8286/2025 Between: Alluri Sushma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.VVSATISH 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: 8286/2025 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 respondents in resorting to dispossess the petitioners from their residential plots alleging that the plots of the petitioners are falling in government land covered by Sy.No.33 of Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District as illegal, arbitrary and violation of Article 300-A of the Constitution of India and violation of principles of natural justice and to consequently direct the respondents not to interfere with the petitioners’ residential plots situated in an extent of 136.66 sq. yds in Sy.No.28/35 and 28/50 and an extent of 160.33 sq. yds in Sy.No.28/35 and 3 of Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District on the ground that they are falling in Sy.No.33 and pass such other order.” 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property without following due process of law. 3. Learned Assistant Government Pleader for Revenue furnished written instructions, wherein it is stated as follows: 3 1 /\s per records, the details of lands purchased by the writ petitioners in Aganampudi Village are submitted hereunder: ((V Classification Extent Ac. Cts Sy.No Rvotwari Dry Rvotwari Dry Rvotwari Dry 2. But on ground, the writ petitioner is claiming the land situated in Sy.No. 33 & 34 of Aganampudi Village. 3. As per records, the Sy.No.33 measuring an extent of Poramboke Rasta i.e. 0.48 28-3 0.48 28-35 0.15 28-50 Ac.1.72 is classified as objectionable land. 4 There is no interference of respondent No.4 i.e., Tahsildar, Gajuwaka into the writ petitioner s land in Sy. Nos. 28-3, 28-35 &28-50 (Zeroyiti lands) of Aganampudi Village as contended in the affidavit.” 4. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by the learned Assistant Government Pleader for the respondents, it is observed that when the petitioners are in settled possession and enjoyment of the subject property, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.''”. Therefore, if the petitioners are in possession of the subject property, the respondents are 2004(1) see 769 V 4 directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by due process of law. 5. With the above direction, 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. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. 4. Tahsildar, Gajuwaka Mandal, Visakhapatnam District. 5. One CC to Sri V V Satish, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies \ RAM J HIGH COURT DATED;28/03/2025 ORDER WP.No.8286 of 2025 i S'* Gurreni Gection ^ % DISPOSING OF THE WP WITHOUT COSTS