IN THE HIGH COURT OF ANDHRA PRADESH AMARAVA^ (Special Original Jurisdiction) / FRIDAY. THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE > PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8185 OF 2025 Between: Varadabandi Bhaktha Pothana Reddy, S/o. Kesavulu Reddy, age 75 years, R/o. H.No.25-1-732, Z.P.Colony, 2nd Lane, A K Nagar, Nellore, SPSR Nellore District. ...Petitioner AND 1 The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Velgapudi, Amaravati, Guntur District. 2 The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4 The Tahsildar, Sydapuram .Sydapuram 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 direction more particularly one in the be pleased to issue an order or of Writ of Mandamus declaring the action of the 2 to 4 respondents nature in interfering with the possession and enjoyment of the petitioner's agricultural land with plantation of Eucalyptus trees admeasuring Ac 0.29 cents in Survey No. 65- 3A, Ac 3.38 cents in Survey No. 65-2A, Ac.2.45 No. 64-1B, and Ac.3.88 cents in Survey No. 63-4 in Cents in Survey f Edulavarikandriga Village, Sydapuram Mandal, SPSR Nellore District any procedure without issuing any notice and without following contemplated under law as illegal, contrary to law, arbitrary principles of natural justice and violation of Article 14,21 and 300 A of the Constitution of India and consequently direct the 2 to 4 respondents not to interfere with the possession and enjoyment of the petitioner's agricultural land with plantation of Eucalyptus trees admeasuring Ac Survey No. 65-3A, Ac 3.38 cents in Survey No. 65-2A, Ac.2.45 cents i Survey No. 64-1B against the 0.29 cents in in and Ac.3.88 cents in Survey No. 63-4 in Edulavarikandriga Village, Sydapuram Mandal, SPSR Nellore District. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the 2 to 4 respondents may be not to interfere with the possession and enjoyment of the petitioner’s agricultural plantation of Eucalyptus trees admeasuring Ac 0.29 cents in Survey No. 65-3A, Ac 3.38 cents in Survey No. 65-2A, Ac.2.45 cents in Survey No. 64- 1B, and Ac.3.88 cents in Survey No. 63-4 in Edulavarikandriga Village, Sydapuram Mandal, SPSR Nellore District Petition. land with pending disposal of the Writ Counsel for the Petitioner: M/s MARELLA RADHA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010156782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] m IrnTX. FRIDAY .THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8185/2025 Between: ...PETITIONER Varadabandi Bhaktha Pothana Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.MARELLA RADHA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAi:, JA WRIT PETITION NO: 8185/2025 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 Nos.2 to 4 in interfering with the possession and enjoyment of the petitioner’s agricultural land with plantation of Eucalyptus trees admeasuring Ac.0.29 cents in Survey No. 65-3A, Ac. 3.38 cents in Sutvey No.65-2A, Ac. 2.45 cents in Survey No. 64-1B and Ac.3.88 cents in Survey No. 63-4 in Edulavarikandriga Village, Sydapuram Mandal Nellore District, without issuing any notice and without following any procedure contemplated under law as illegal, contrary to law, arbitrary, against the principles of natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct respondent Nos.2 to 4 not to interfere with the possession and enjoyment of the petitioner’s agricultural land with plantation of Eucalyptus trees admeasuring Ac. 0.29 cents in Survey N0.65-3A, Ac.3.38 cents In Survey No.65-2A, Ac. 2.45 cents in Survey No.64-1B and Ac.3.88 cents in Survey No.63-4 in Edulavarikandriga Village, Sydapuram Mandal, Nellore District and pass such other order. ” SPSR SPSR 2. 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 with the petitioner’s peaceful possession and enjoyment of the subject property without following due process of law. 3 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property the respondents would follow due process of law and requested to pass appropriate orders. 4. Having regard to the submissions counsel for the petitioner and the learned made by the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in "Rame Gowda (dead) by LRs. V. M. Varadappa Naidu (Dead) by L.Rs. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the and enjoyment of the subject property, except by due petitioner s peaceful possession process of law. 5. With the above direction, the There shall be no order as to costs. As a sequel miscellaneous application also stand closed. writ petition is disposed of. pending, if any, shall 2004(1) see 769 Sd/- P.U.V.BHASKAR RAO ASSISTANT. REGISTRAR ^^cf^OFFieER //TRUE eOPY// To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velgapudi,Amaravati. Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Sydapuram, Sydapuram Mandal SPSR Nellore District. 5. One CC to M/s. Marella Radha Advocate [OPUC] ■ 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATE0:28/03/2025 ORDER WP.No.8185 of 2025 ^ Oil APR 2® J) Cuftent secuon + %iOESPATC;^=^ DISPOSING OF THE WP WITHOUT COSTS