IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8756 OF 2025 Between: P. Vijaya, W/o. Muni Guravaiah, Aged 32 years, Occ; Housewife, R/o. Domakambala Post, Mandapampalli Village, Chandragiri Mandal, Tirupathi District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The District Collector and Magistrate, Tirupathi District at Tirupathi. 3. The Tahsildar, Chandragiri Mandal, Tirupathi 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 be pleased to issue a writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly the respondents 2 and 3 in insisting me to vacate from my agricultural land of Ac 00.16 Cents, covered by Survey No. 458/4, situated in Domakambala Revenu Village, Chandragiri Mandal of Tirupati District as illegal, irregular, irrational, without any authority of law, contrary to the provisions of the Andhra Pradesh Encroachment Act and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with my peaceful possession and enjoyment over my said land. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere in any manner with my possession over the land of Ac 00.16 Cents, covered by Survey No. 458/4, situated in Domakambala Revenu Village, Chandragiri Mandal of Tirupati District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI PATHURI SRINIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 1 APHC010170332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8756/2025 Between: ...PETITIONER P Vijaya AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PATHURI SRINIVAS Counsel for the Respondent(S): 1.GPFOR REVENUE 2 THE HON'BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION No.8756 of 2025 This Court made the following ORDER: is filed under Article 226 of the Constitution of India 1. This writ petition is seeking the following relief; “..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents particularly the respondents 2 and 3 in insisting the petitioner to vacate the agricultural land of Ac.00.16 cents, covered by Su^ey No.458/4, situated in Dornakambala Revenue Village Chandragir. Mandal of Tirupati District as illegal, "3^ authority of law, contrary to the provisions of the Prajesh Encroachment Act and also offends Articles 14 21 and 300-A of t Constitution of India and consequently direct , any manner with petitioner's peaceful possession and interfere in enjoyment over the subject land and pass . counsel for the petitioner, without touching the direction to the respondents her land, without following due process of During hearing, learned merits of the case, requested this Court to issue a not to dispossess the petitioner from 2. law. Government Pleader for Respondents, admitted that Learned Assistant the petitioner is respondents authorities would follow due process 3. is continuing in the possession of subject land and the of law and requested to pass appropriate orders. 3 Learned counsel for the Petitioner submits that the petitioner is absolute owner, possessor and enjoyer of agricultural landed property in an extent of Ac.00.16 cents covered by SurveyNo.458/4, situated in Dornakambala Revenue Village, Chandragiri Mandal of Tirupati District, having right over the 4. aforesaid property byway of registered sale deed dated 16.05.2024. Petitioner’s name was mutated in all the revenue records being maintained by the revenue authorities after following due procedure envisaged under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. Since the purchase of the subject land from the petitioner’s vendor, the petitioner has been in exclusive possession and enjoyment over the subject land by raising some roofed shed and etc., without there being any interruption from any quarter at any point of time. While so, during last week of March, 2025 the respondent and his field functionaries visited the subject land and insisted the petitioner to vacate from the said land as the subject land would be allocated to the weaker sections who are landless poor as they were instructed to that effect by the 2 respondent and threatened to evict the petitioner. Hence the writ petition. 5. nd 6. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to 4: 4 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 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, she cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioner from her 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. sequel, interlocutory applications if any pending, shall stand As a closed. ^ 2004 (1)SCC 769 Sd/- P.VINOD KUMAR assistant registry //TRUE COPY// SECTION OFFICER To. 1 The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector and Magistrate, Tirupathi District at Tirupathi. 3. The Tahsildar, Chandragiri Mandal, Tirupathi District. 4. One CC to Sri Pathuri Srinivas, Advocate [OPUC] 5. TwoCCstO GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three C.D. Copies. Cnr \ HIGH COURT DATED:03/04/2025 ORDER WP.No.8756 of 2025 0 ^ I 03 APR 2025 Current Section . y DISPOSING OF THE W.P. WITHOUT COSTS