IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8551 OF 9n7R ^4 V o a /fptw * Between: 1. Nalleru Viswanatha Reddy. S/o. Bala Gurivi Reddy Aged about 53 TB Road years, Occ: Business residents of D.No. 12/52401 Porumamilla Town, Y.S.R District 2. N.Rama Lakshmi Devi, W/o. Viswanath Reddy Aged about years, Occ; House Wife residents of D.No. 12/52401, TB Road Porumamilla Town Y.S.R 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, Y.S.R District, Kadapa 3. The Revenue Divisional Officer, Badvel District. 4. The Tahsildar, Kalasapadu Mandal, Y.S.R District. Revenue Division, Y.S.R ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated in the affidavit fiied therewith, the High Court be pleased to issue of India praying that in may more particularly declaring the action of the an appropriate Writ, Order or direction in the nature of Writ of Mandamus one respondents No.2 to 4 in attempting demolish the Farm House constructed in an extent of Ac.5.00 cents in Sy.No.2664-1. Ac.0.65 cents in Sy.No.2664-2, Ac.4.23 cents in Sy.No.2666-1, Ac.4.23 cents in Sy.No.2666-2, Ac.4.24 cents in Sy.No.2666-3, Ac.1.50 cents in Sy.No,2667-1, Ac.2.06 cents in Sy.No.2667-2, Ac.1.03 cents in Sy.No.2667-3, Ac.1.59 cents in Sy.No.2667-4. Ac. 1.62 cents in Sy.No.2668-1, Ac.1.62 cents in Sy.No.2668-2, Ac.1.62 cents in Sy.No.2668-3, Ac.1.63 cents in Sy.No.2668-4, Ac.1.62 cents in Sy.No.2668-5, Ac.1.63 cents in Sy.No.2668-6, Ac.3.47 cents in Sy.No.2669-1, Ac.3.47 cents in Sy.No.2669-2, Ac.2.00 cents in Sy.No.2670-2 and Ac.3.23 cents in Sy.No.2809 of Sankavaram Village fields, Kalasapadu Mandal, Y.S.R District, without adhering to due process of law and that too without issuing any notices, as arbitrary, illegal and contrary to the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to us under Articles, 14. 19, 21, and 300-Aofthe Constitution of India and consequently direct the respondents No.2 to 4 not to demolish the Farm House constructed in an extent of Ac.0.50 cents out of Ac. 1.62 cents in Sy.No.2668-5 of Sankavaram Village fields, Kalasapadu Mandal, Y.S.R District and also not to dispossess us from the land in an extent of Ac.5.00 cents in Sy.No.2664-1-, Ac.0.65 cents in Sy.No.2664-2, Ac.4.23 cents in Sy.No.2666-1, Ac.4.23 'cents in Sy.No.2666-2, Ac.4.24 cents in Sy.No.2666-3, Ac.1.50 cents in Sy.No.2667-1, Ac.2.06 cents in Sy.No.2667-2, Ac.1.03 cents in Sy.No.2667-3, Ac.1.59 cents in Sy.No.2667-4, Ac. 1.62 cents in Sy.No.2668-1, Ac.1.62 cents in Sy.No.2668-2, Ac.1.62 cents in Sy.No.2668-3, Ac.1.63 cents in Sy.No.2668-4, Ac.1.62 cents in Sy.No.2668-5, Ac.1.63 cents in Sy.No.2668-6, Ac.3.47 cents in Sy.No.2669-1, Ac.3.47 cents in Sy.No.2669-2, Ac.2.00 cents in Sy.No.2670-2 and Ac.3.23 cents in Sy.No.2809 of Sankavaram Village fields, Kalasapadu Mandal, Y.S.R 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 petition, the High Court may be pleased to direct the respondents No.2 to 4 not to interfere with our rights over the Farm House in an extent of Ac.5.00 cents in Sy.No.2664-1, Ac.0.65 cents in Sy.No.2664-2, Ac.4.23 cents in Sy.No.2666-1, Ac.4.23 cents in Sy.No.2666-2, Ac.4.24 cents in Sy.No.2666-3, Ac.1.50 cents in Sy.No.2667-1,' Ac.2.06 cents in Sy.No.2667-2, Ac.1.03 cents in Sy.No.2667-3, Ac.1.59 cents in Sy.No.2667-4, Ac. 1.62 cents in Sy.No.2668-1, Ac.1.62 cents in Sy.No.2668-2, Ac.1.62 cents in Sy.No.2668-3, Ac.1.63 cents in Sy.No.2668-4, Ac.1.62 cents in Sy.No.2668-5, Ac.1.63 cents in Sy.No.2668-6, Ac.3.47 cents in Sy.No.2669-1, Ac.3.47 cents in Sy.No.2669-2, Ac.2.00 cents in Sy.No.2670-2 and Ac.3.23 cents in Sy.No.2809 of Sankavaram Village fields, Kalasapadu Mandal, Y.S.R District, without adhering to due process of law, pending disposal of the above Writ Petition and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondents; GP FOR REVENUE The Court made the following: ORDER ::1:: APHC010166522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8551/2025 Between: Nalleru Viswanatha Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitloner(S): 1.VR REDDY KOWURI Counsel for the Respondent(S): 1.GPFOR REVENUE 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PFTITION NO: 8551/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of 1. India seeking the following relief: to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos 2 to 4 in attempting to demolish the Farm House constructed in an Sy.No.2668-5 of extent of Ac.0.50 cents out of Ac. 1.62 cents in . , , Sankavaram Village fields, Kalasapadu Mandal, YSR District and to dispossess the petitioners from the land in an extent of Ac.5.00 cents in Sy.No.2664-1, Ac.0.65 cents in Sy.No.2664-2, Ac.4.23 cents in Sv.No.2666-1, Ac.4.23 cents in Sy.No.2666-2, Ac.4.24 cents in Sy.No.2666-3, Ac.1.50 cents in Sy.No.2667-1, Ac.2.06 cents in Sy.No.2667-2, Ac.1.03 cents in Sy.No.2667-3, Ac.1.59 cents in Sv No 2667-4 Ac.1.62 cents in Sy.No.2668-1, Ac.1.62 cents in Sy.No.2668-3, Ac.1.63 cents in Sy.No.2668-2, Ac.1.62 cents in Sy.No.2668-4, Ac.1.62 cents in Sy.No.2668-5, Ac.1.63 cents in Sy.No.2668-6, Ac.3.47 cents in Sy.No.2669-1, Ac.3.47 cents in Sy.No.2669-2, Ac.2.00 cents in Sy.No.2670-2 and Ac.3.23 cents in Sy.No.2809 of Sankavaram Village fields, Kalasapadu Mandal, YSR District, without adhering to due process of law and that too without issuing any notices, as arbitrary, illegal and contrary to the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to the petitioners and 300-A of the Constitution of India and under Articles, 14, 19, 21 . r- consequently direct the respondent Nos.2 to 4 not to demolish the Farm House constructed in an extent ofAc.0.50 cents out of Ac.1.62 cents in Sy.No.2668-5 of Sankavaram Village fields, Kalasapadu Mandal, YSR ;:3:: District and to dispossess the petitioners from the land in an extent of Ac.5.00 cents in Sy.No.2664-1, Ac.0.65 cents in Sy.No.2664-2, Ac.4.23 cents in Sy.No.2666-1, Ac.4.23 cents in Sy.No.2666-2, Ac.4.24 cents in Sy.No.2666-3, Ac. 1.50 cents in Sy.No.2667-1, Ac.2.06 cents in Sy.No.2667-2, Ac. 1.03 cents in Sy.No.2667-3, Ac. 1.59 cents in Sy.No.2667-4, Ac.1.62 cents in Sy.No.2668-1, Ac.1.62 cents in Sy.No.2668-2, Ac.1.62 cents in Sy.No.2668-3, Ac. 1.63 cents in Sy.No.2668-4, Ac.1.62 cents in Sy.No.2668-5, Ac. 1.63 cents in Sy.No.2668-6, Ac.3.47 cents in Sy.No.2669-1, Ac.3.47 cents in Sy.No.2669-2, Ac.2.00 cents in Sy.No.2670-2 and Ac.3.23 cents in Sy.No.2809 of Sankavaram Village fields, Kalasapadu Mandal, YSR District and pass...” 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 dispossess the petitioners from their lands, without following due process of law. 2. 3. Learned Government Pleader for Revenue, admitted that the petitioners are continuing in possession of the subject lands and the respondents authorities would follow due process of law and requested to pass appropriateorders. 4. Learned counsel for the petitioners submits that the lands in an extent of Ac.5.00 cents in Sy.No.2664-1, Ac.0.65 cents in Sy.No.2664-2, Ac.4.23 cents in Sy.No.2666-1, Ac.4.23 cents in Sy.No.2666-2, Ac.4.24 cents in Sy.No.2666-3, Ac.1.50 cents in Sy.No.2667-1, Ac.2.06 cents in ::4;; Ac. 1.59 cents in Sy.No.2667-2, Ac.1.03 cents in Sy.No.2667-3 Sy.No.2667-4, Ac.1.62 cents in Sy.No.2668-1, Ac.1.62 cents in Sy.No.2668-3, Ac.1.63 cents in Ac. 1.63 cents in Sy.No.2668-2, Ac.1.62 cents in Ac.1.62 cents in Sy.No.2668-5 Sy.No.2668-4 Sy.No.2668-6 Ac.3.47 cents in Sy.No.2669-1, Ac.3.47 cents in Sy.No.2670-2 and Ac.3.23 cents in Village fields, Kalasapadu Mandal, YSR Sy.No.2669-2, Ac.2.00 cents in Sy.No.2809 of Sankavaram District beiongs to petitioners, who purchased the lands from the assignees through various registered Saie Deeds and the same possession and enjoyment of petitioners from the date of purchase. The Respondent No.4 having recognized the possession and enjoyment of records and issued Pattadar Pass Book are in petitioners, mutated the revenue and Title Deeds in favour of Petitioners. In turn, the Respondent No.4 procedure envisaged U/s 5(3) of the Act, 1971 and thereunder and also having recognized petitioners’ after adhering to the the Rules made possession and enjoyment over records and the pattadar pass issued in favour of the petitioners, online revenue records were also updated and effected. the subject lands updated the revenue books and title deeds had also been Further, basing on the same, the 5 5. While things stood thus, the Respondent No.3 visited the subject land on 28.03.2025 at 11 AM without giving any prior notice to the petitioners and seems to have submitted a report to the Respondent No.2 alleging that, the subject lands belongs to the Government and petitioners encroached the same. Further, the Respondents No.2 seems to have directed the Respondent No.3 to take possession of the subject lands immediately and the same was published in the daily news paper on 29.03.2025 and only after that, the petitioners came to know about the highhanded action of the respondents Nos.2 to 4 in trying to take the possession of the subject lands without adhering the procedure as contemplated under law. Hence the writ petition. 6. When the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioners’ constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that these petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in ;;6:: Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by \ when the petitioners are in settled possession and enjoyment of L.Rs. property, they cannot be dispossessed, without following due process directed not to dispossess the the of law. Therefore, the respondents are petitioners from their property, except by due process of law. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 7. The miscellaneous petitions pending, if any, shall stand closed. ^ 2004(1) see 769 I Sd/- M SRINIVAS assistant REGIS //TRUE COPYII R OFFieER SE' To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Y.S.R District, Kadapa. 3. The Revenue Divisional Officer, Badvel Revenue Division, Y.S.R District. 4. The Tahsildar, Kalasapadu Mandal, Y.S.R District. 5. One CC to Sri V R Reddy Kovvuri Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF Y HIGH COURT DATED:01/04/2025 \ ORDER WP.No.8551 of 2025 0 8 APR 2025 09 VO V Current Section V*'- DISPOSING OF THE W.P., WITHOUT COSTS