APHC010214842025 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: 10681/2025 Between: Kokkula Mangamma, and Others ...PETITIONER(S) AND The State Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10681/2025 O R D E R: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “..pleased to issue a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.4 in threatening to dispossess us from our respective landed properties an extent of Ac.4.80 cents in Sy.No.70/7, an extent of Ac.4.80 cents in Sy.No.70/5, an extent of Ac.0.40 cents in Sy.No.70/134 (Ac.5.20 cents), an extent of Ac.4.40 cents in Sy.No.70/4 and an extent of Ac.4.80 cents in R.S.No.70/3 of Allamcherla Raju Palem Revenue Village of T.Narasapuram Mandal, Eluru District without following due process of law as illegal, irregular, arbitrary violation of the provisions of the Board of Revenue Standing Orders, other Revenue Laws besides settled Principles of Law and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess us from our agricultural holdings in an extent of Ac.4.80 cents in Sy.No.70/7, an extent of Ac.4.80 cents in Sy.No.70/5, an extent of Ac.0.40 cents in Sy.No.70/134 (Ac.5.20 cents), an extent of Ac.4.40 cents in Sy.No.70/4 and an extent of Ac.4.80 cents in R.S.No.70/3 of Allamcherla Raju Palem Revenue Village of T.Narasapuram Mandal, Eluru District….” 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioners without following due process of law. 4. Learned Government Pleader for Revenue submits 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 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.1”. 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 feel 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, in accordance with law, 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. 1 2004 (1) SCC 769 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. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:24.04.2025 TM 133 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10681/2025 Date:24.04.2025 TM