IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10655 OF 2025 Between: 1. Kudapa Nagamani, W/o Nagesu, Age 47 yrs, Occ Cultivation, R/o Allamcherlarajupalem Village, T.Narasapuram Mandal, Eluru District. 2. Yellaboina Venkayamma, W/o Surya Chandra Rao, Age 59 yrs, Occ Cultivation, R/o Allamcherlarajupalem Village, T.Narasapuram Mandal Eluru District. 3. Bandi Sarojini, W/o Muniyya, Age 50 yrs, Occ Cultivation, R/o Allamcherlarajupalem Village, T.Narasapuram Mandal Eluru District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Eluru District at Eluru. 3. The Tahsildar, T.Narasapuram Mandal, Eluru District. 4. The Agriculture Officer, T.Nafisapuram Mandal, Eluru 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 order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents interfering with peacefull possession and enjoyment of petitioners lands admeasuring Ac 0.50 cts each in Sy.No's.70/34, 70/135 and 70/125 situated at Allamcherlarajupale m Village, T.Narasapuram Mandal, Eluru District without following the due process of law, threatening to vacate their lands and laying roads in the lands of the petitioners highhandedly is illegal arbitrary and unconstitutional and consequently direct the respondent authorities to follow due process of law if they really request the land of the petitioners, in the interest of justice. 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 respondent authorities not to interfere with peaceful possession and enjoyment of the petitioners in respect of their lands admeasuring Ac 0.50 cts each in Sy.Nos.70/34, 70/135 and 70/125 situated at Allamcherlarajupalem Village, T.Narasapuram Mandal, Eluru District pending disposal of the present writ petition. Counsel for the Petitioner: SRI M. P. V. N. V. SASTRI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010208732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10655/2025 Between: ...PETITIONER(S) Kudapa Nagamani, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.M PVN VSASTRl Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: f « 1 1 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA V f WRIT PETITION NO: 10655/2025 ORDER: 0f This writ petition is filed under Article 226 of the Constitution of India 1. seeking the following relief:- pleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents Interfering with peaceful possession and enjoyment of petitioners lands admeasuring Ac.0.50 cts each in Sy.Nos.70/34, 70/135 and 70/125 situated at Allamcherlarajupalem Village, T.Narasapuram Mandal, Eluru District without following the due process of law threatening to vacate their lands and laying roads in the lands of the petitioners highhandedly is illegal, arbitrary and unconstitutional and conseguently direct the respondent authorities to follow due process of law if they really request the land of the petitioners in the interest of justice 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 1 merits of the case, requested this Court to issue a direction to the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners without following due process of law. Learned Government Pleader for Revenue submits that, if the 4. petitioners are in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioners are in settled possession and enjoyment of the 5. property, the petitioners cannot be dispossessed, without following due process of law 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.^”. Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners, except by due process of law. While passing final orders, if the respondents feels it necessary to conduct survey regarding property of the petitioners and other DKT patta holders, they are directed to conduct the same and pass appropriate reasoned orders within a period of three (03) months from the date of receipt of a copy of this order. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. With the above direction, the writ petition is disposed of at the stage of 6. admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- K. TATA RAO deputy REGISTRAR ^ 2004 (1) see 769 //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Eluru District at Eluru. 3. The Tahsildar, T.Narasapuram Mandal, Eluru District. The Agriculture Officer, T.Narasapuram Mandal, Eluru District. 5. One CC to Sri M. P. V. N. V. Sastri, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. 4. ssb '• '-..’J-Cii-wr-.' HIGH COURT DATED:24/04/2025 ORDER » ANDIfia><s&^ 2^ 0 2 M4Y ?0?5 g ^ . CuwenISertlonj^^ WP.No.10655 of 2025 I DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS