,rrA IN THE HIGH COURT OF ANDHRA PRADESH :: AMAF^^A^ (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11420 OF 2025 -vs i-s v:. ■W ^ t Between: Chimmiri Brahmaiah, Son of Pitchaiah, Age about 75 Agriculturalist. Resident of Mannietikota Village, Ulavapadu Mandal SPSR Nellore District. years, Occ; ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Guntur District. 2. The Collector and District Magistrate, .SPSR Nellore District, Nellore, Andhra Pradesh 3. The Revenue Divisional Officer, Kandukuru, SPSR Nellore District, Andhra Pradesh 4. The Tahsildar, Ulavapadu Mandal, SPSR Nellore District. 5. The Deputy Engineer, Electricity Department (APCPDCL), Singaraya Konda, SPSR Nellore District. 6. The Deputy Executive Engineer, Electricity Operations (APCPDCL), Singaraya Konda, SPSR Nellore District, 7. The Assistant Engineer, Electricity Department, (APCPDCL), Ulavapadu Mandal, SPSR Nellore District 8. The Station House Officer, Ulavapadu Police Station, SPSR Nellore District 9. The Grama Panchayath, Ulavapadu Mandal, SPSR Nellore District. Pulivarthi Basavaiah Naidu, Son of Srinu Age not known, as a Gram Sarpanch, Resident of Mannietikota Village Ulavapadu Mandal. SPSR Nellore District. 10. working ■■ ’if' ...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 an appropriate Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess and damaged existing trees (Sapota) in the agricultural land of the petitioner admeasuring an extent of Ac.0.35 cents in Sy.No.48 of Mannetiota Village, Ulavapadu Mandal, SPSR Nellore District even after reciving representations dated 18.04.2025, 21.04.2025 submitted by the petitioner which is highly illegal, arbitrary and violation of Article 14, 21 and 300A of the Constitution of India and consequently direct the respondents to damages for damaging the existing tress which is loss of Rs. 1,00,000/- to the petitioner. 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 be pleased to direct the responidents not interfere with the peaceful possession and enjoyment of agriculture land admeasuring an extent of Ac.0.35 cents in Sy. No.48 of Mannetikota Village, Ulavapadu Mandal, SPSR Nellore District: Counsel for the Petitioner: SRi PATHI SIVA PRASAD Counsel for the Respondents: GP FOR REVENUE :GPFOR HOME SRI MATTEGUNTA SUDHIR, STANDING CC)UNSEL : SRI V.V. SATISH, STANDING COUNSEL A more pay may The Court made the following APHC010222052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:^:0 [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11420/2025 Between: Chimmiri Brahmaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PATHI SIVA PRASAD Counsel for the Respondent{S): 1.GP FOR HOME 2.GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps.M.P.Ps,Gram Panchayats The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11420/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in trying to dispossess and damaged existing trees in the agricultural land of the petitioner admeasuring an extent of Ac.0.35 cents in Sy.No.48 of Mannetikota Village, Ulavapadu Mandal, SPSR Nellore District even after receipt of representations dated 18.04.2025, 21.04.2025 submitted by the petitioner illegal and arbitrary. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. Learned Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) 1. as / \ 2. 3. f 4. 5. by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. 1 . Therefore, if the petitioner is in possession of the subject property, the respondents directed not to interfere with the are peaceful possession and enjoyment of the subject property of the petitioner, With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs, pending, if any, shall also stand except by due process of law. 6. Consequently, miscellaneous petitions closed. '^uu4 (1) see 769 feoi? Sf^'NIVASA RAJU assistant //TRUJE COPY// SECTION OFFICER -yi'i r V To 1 • The Principal Secretary, Revenue District, State of Andhra Pradesh 2. The Collector and District Magistrate Andhra Pradesh 3. The Revenue Divisional Officer Andhra Pradesh 4. The Tahsildar, Ulavapadu Mandal, SPSR Nellore District. ■ fie Deputy Engineer, ElecMefty'Department (APCPDCL), Singaraya Konda, SPSR Nellore Distfict. Department, Velagapudi, Guntur (BY SPECIALMESSENGER) . .SPSR Nellore District, Nellore, Kandukuru, SPSR Nellore District 7. The Deputy Executive Engineer, Electricity Operations (APCPDCL), Singaraya Konda, SPSR Nellore District, 8. The Assistant Engineer, Electricity Department, (APCPDCL), Ulavapadu Mandal, SPSR Nellore District 9. The Station House Officer, Ulavapadu Police Station, SPSR Nellore District 10. The Grama Panchayath, Ulavapadu Mandal, SPSR Nellore District. 11. Pulivarthi Basavaiah Naidu, Son of Srinu Age not known, working as a Gram Sarpanch, Resident of Mannietikota Village Ulavapadu Mandal. SPSR Nellore District. (Addressee Nos.2 to 10 BY RPAD) One CC to SRI. PATHI SIVA PRASAD Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. 12. 13. [OUT] 14. Two CCs to GP FOR HOME ,High Court Of Andhra Pradesh. One CC to SRI MATTEGUNTA SUDHIR, Standing Counsel [OUT] 15. [OPUC] 16. One CC to SRI V.V. SATISH, Standing Counsel [OPUC] Three CD Copies 17. HIGH COURT DATED;07/05/2025 ORDER of ' 1 <1 JUL 2025 I '•'■SgseafiSS^ # m WP.No.11420 of 2025 CO DISPOSSING THE WRIT PETITIION