IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8550 OF 2025 Between: Sagili Bhaskar, S/o. Late Sagili Jayanna, Aged about 44 years, Occ Agriculture, R/o.D.No.3/65, Chinthalapalli, Sanakavaram, Kalasapadu Mandal, Y.S.R District. ...Petitioner 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 Revenue Division Y.S.R District. 4. The Tahsildar, Kalasapadu Mandal, Y.S.R 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 Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in attempting to demolish the Cattle Shed constructed in an extent of Ac.0.86 cents in Sy.No.2687 of Sankavaram may more Village fields, Kalasapadu Mandal, Y.S.R District, without adhering to due process of law and that too without issuing any notice, as arbitrary, illegal and contrary to the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to him under Articles, 14, 19, 21, and 300-A of the Constitution of India and the Cattle an extent of Ac.0.86 cents in Sy.No.2687 of Sankavaram Village fields, Kalasapadu Mandal, Y.S.R District. consequently direct the respondents No.2 to 4 not to demolish Shed constructed in lA NO: 1 OF 2n2fi 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 the rights of the petitioner over the Cattle Shed in an extent of Ac.0.86 cents in Sy.No.2687 of Sankavaram Village fields. Kalasapadu Mandal, Y.S.R process of law, pending disposal of the District , without adhering to due above Writ Petition. Counsel for the Petitioner: SRI. V R REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: KOWURI ::1:: APHC010166512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] TUESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8550/2025 Between: Sagili Bhaskar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VR REDDY KOWURI Counsel for the Respondent(S): 1.GP FOR REVENUE ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8550/2025 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of 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 Cattle Shed constructed in an extent of Ac 0 86 cents in Sy No.2687 of Sankavaram Village fields, Kalasapadu Mandal, Y S R District without adhering to due process of law and that too without issuing any notice, as arbitrary, illegal and contrary to the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to him under Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the respondents Nos2 to 4 not to demolish the Cattle Shed constructed in an extent of Ac 0.86 cents in Sy No.2687 of Sankavaram Village fields, Kalasapadu Mandal, Y S R District and pass..” 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 dispossess the petitioner from his land, without 2. following due process of law. ::3:: 3. Learned Government Pleader for Revenue, admitted that the petitioner is continuing in possession of the subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the petitioner submits that the land in an extent of Ac.0.86 cents in Sy.No.2687 of Sankavaram Village fields, Kalasapadu Mandal, YSR District belongs to petitioner’s father Jayanna, who inherited the same from his ancestors and the possession and enjoyment of petitioner’s father till his demise. Respondent No.4 having recognized the possession and enjoyment of petitioner’s father, mutated the revenue records and issued Pattadar Pass Book and Title Deeds in favour of Petitioner’s father. After demise of petitioners father, the subject land devolved upon the petitioner and since then, the petitioner has been in possession and enjoyment, without interference from anyone, muchless from the respondents herein. Thereafter, the petitioner intimated the inheritance rights over the subject land, as is provided under Section 4 of the A.P. Rights in Land and the Pattadar Pass Books Act, 1971 (for short “Act, 1971’’). In turn, the same was in The Respondent No.4 after adhering to the procedure envisaged U/s 5(3) of the Act, 1971 and the Rules made thereunder and also having ::4:: recognized petitioner’s possession and enjoyment over the subject land updated the revenue records and the pattadar pass book and title deed had also been issued in favour of the petitioner. Further, basing on the same, the online revenue records were also updated and effected. 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 petitioner and seems to have submitted a report to the Respondent No.2 alleging that, the subject land belongs to the Government and petitioner encroached the same. Further, the Respondents No.2 seems to have directed the Respondent No.3 to take possession of the subject land immediately and the same was published in the daily news paper on 29.03.2025 and only after that, the petitioner came to know about the ; highhanded action of the respondents Nos.2 to 4 in trying to take the possession of. the subject land without adhering the procedure as contemplated under law. Flence the writ petition. When the petitioner is in settled possession and enjoyment of the 6. property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s 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 ::5:: 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 Court in Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioner from his property, except by due process of law. With the above direction, the writ petition is disposed of, with the 7. consent of both the counsel. No costs. The miscellaneous petitions pending, if any, shall stand closed. 1 2004(1) see 769 OFFICER //TRUE COPYII SEC To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, 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 HIGH COURT DATED:01/04/2025 ORDER WP.No.8550 of 2025 = 0 5 J0?5 tS'm m- ^ . Current Seetion ^ DISPOSING OF THE WP WITHOUT COSTS