APHC010174412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9158/2025 Between: Bonkuri Hanumanth and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9158/2025 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondent Nos. 4 and 5 in insisting the petitioners to vacate from their respective agricultural lands admeasuring to an extent of Ac.0.25 cents, Ac.0.25 cents, Ac.0.60 cents, Ac.0.37½ cents, Ac.0.37½ cents, Ac.0.40 cents and Ac.0.13 cents, totaling to an extent of Ac.2.38 cents covered by Sy.No.172 of Raghavapuram Village, Chintalapudi Mandal, Eluru District, without following due process of law as illegal and arbitrary. 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. 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 evict the petitioners from their respective property without following due process of law. 4. Learned Government Pleader for Revenue furnished written instructions of the Tahsildar, Chintalapudi Mandal vide Roc.No.172/2025 (DT) dated 07.04.2025, wherein it is stated that the Endowment Department was issued manual pattadar passbook bearing No.E-724010 for the subject land in faovur of Sri Mutyalammavaru. The petitioners indeed cultivated the subject land over a period of time without having any right or title and purely occupying the subject land. But for the last 2 years there is no cultivation in the said land and the petitioners are not in possession and enjoyment. The subject land originally belongs to the temple of Sri Mutyalammavaru of Raghavapuram and vests with Endowment Department. The petitioner’s allegation is not correct that the Endowment Department stated that they have no connection with the said land. It is further submitted that the petitioners herein alleged that the Tahsildar along with staff, insisted the petitioners to vacate the subject land which is absolutely false and arbitrary. No such situation arisen as the petitioners are not in possession of the subject lands. Based on the above written instructions, learned Government Pleader for Revenue would submit that, if the petitioners are in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioners are in settled possession and enjoyment of the property, the petitioners cannot be dispossessed, without following due process of law. Therefore, if the petitioners are in possession of their respective subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of their respective subject property, except by due process of law. 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 7. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:09.04.2025 BSP 41 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9158/2025 Date:09.04.2025 BSP