APHC010232432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16564 OF 2025 Between: Bokam Bala Krishna, S/o Late B. Sanyasi Naidu, Age 61 years, Occ SabbaVviram Cultivation, D.No.2-75, Tavvavanipalem Village and Post, Mandal, Anakapalli District. ...Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District, at Anakapalli. 3. The Revenue Divisional Officer, Anakapalli Revenue Division, Anakapalli District at Anakapalli. 4. The Tahsildar, Sabbavaram Mandal, Anakapalli District. ...Responderjts 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 Writ, order or direction more particularly one in the nature of Writ of Mandamus aggrieved with the illegal interference of 4th Respondent and his threats to dispossess me from our land in extent of Ac.01.73 Cents covered by Sy.No.36/7 in Tavvavanipalem H/o Amruthapuram Revenue Village, Sabbavaram Mandal, Anakapalli District, despite grant of DKT Patta No.37/1993 Dt.20-02-1993 in the name of my father, without issuing any notice and not following due process of Law, thus the present writ petition is filed to redress our grievance, by declaring the threats to dispossess me from our land is ultra-vires, illegal, absurd, arbitrary, unjust and Violation of Articles 14, 19 and 300-A of Constitution of India and consequently direct the our peaceful possession and enjoyment of the above subject property of Ac. 0.18 Cents covered by Sy.No.416/P Tavvavanipalem H/o Amruthapuram Revenue Village, Sabbavaram Mandal, Anakapalli District Respondents not to interfere with in lA NO: 1 OF 207!^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents not to interfere may be pleased to with our peaceful possession and enjoyment our land in extent of Ac.01.73 Cents covered by Sy.No.36/7 in Tavvavanipalem H/o Amruthapuram Village, Sabbavaram District till the disposal of main writ petition Mandal, Anakapalli Counsel for the Petitioner: M/S. R SUDHA RANI Counsel for the Respondents No.1 to 4: GP FOR The Court made the following order: REVENUE APHC010232432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16564/2025 Between: 1.BOKAM BALA KRISHNA, S/0 LATE B.SANYASI NAIDU, AGE 61 YEARS, OCC CULTIVATION, D.NO.2-75, TAWAVANIPALEM VILLAGE AND POST, SABBAVARAMMANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. AT 3.THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI REVENUE DIVISION, ANAKAPALLI DISTRICT AT ANAKAPALLI. 4.THE TAHSILDAR, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT. ...RESPONDENT(S): 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 topleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus aggrieved with the illegal interference of 4th Respondent and his threats to dispossess me from our land in extent of Ac.01.73 Cents covered by Sy.No.36/7 in Amruthapuram Revenue Village, Sabbavaram Mandal, Anakapalli District Tavvavanipalem H/o despite grant of DKT Patta No.37/1993 Dt.20-02-1993 in the name of my father, without issuing any notice and not following due process of Law, thus the present writ petition is filed to redress our grievance, by declaring the threats to dispossess me from our land is ultra-vires, illegal, absurd, arbitrary, unjust and Violation of Articles 14,19 and 300-A of Constitution of India and consequently direct the Respondents not to interfere with our peaceful possession and enjoyment of the above subject property of Ac. 0.18 Cents covered by Sy.No.416/P in Tavvavanipalem H/o Amruthapuram Revenue Village, Sabbavaram Mandal, Anakapalli District and pass 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 pleased to direct the respondents not to interfere with peaceful possession and enjoyment our land in extent of Ac.01.73 Cents covered by Sy.No.36/7 in Tavvavanipalem H/o Amruthapuram Village, Sabbavaram Mandal, Anakapalli District till the disposal of main writ petition and pass our Counsel for the Petitioner: 1.R SUDHA RANI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16564/2025 ORD 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 respondents particularly, respondent No.4 in threatening to dispossess the petitionerfrom more the land to an extent of Ac.1.73 cents in Sy.No.36/7 situated in Tavvavanipalem H/o Amruthapuram Revneue Village, Sabbavaram Mandal, Anakapalli District, without issuing any notice and without following due process of law as illegal and arbitrary; consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. 2. 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 3. property of the petitioner without following due process of law. 4. On the other hand, learned Government Pleader for Revenue submitted the written instructions issued by the Tahsildar/ respondent No.4, wherein, the relevant portion of the said instructions is extracted hereunder: “ It is submitted that, as per the records i.e., Section 22-A prohibited lands and other records available in this office, the subject land in Sy.No.36 is sub-divided into 36/1 and 36/6 only. Sy. No. 36/7 is not mentioned in the said records, the land in Sy. No. 36/1 to 36/5 sub divisions are Ryothwari Wet lands and Sy. No. 36/6 of Amruthapuram Village is classified as Poramboke-Addugunta- a water body with a total extent of Ac. 6.98 cents, which prohibits to alienation of the same to anybody/ institution/ organization. The same has been notified in the prohibited lands list under Sec.22-A of the Registration Act, 1908, to prohibit the transaction of the Government property. No assignments have been granted in the said water body. It is submitted that, it has come to the notice of 4 respondent, Tahsildar, Sabbavaram, that the petitioner has encroached the Government land in Sy.No.36 & 416 of Amruthapuram Village, unauthorizedly. Accordingly, as per the A.P.Land Encroachment Act, 1905 notice under Section 7 dated 26.12.2024 issued to the encroachers. The writ petitioner has not submitted any explanation to the notice but approached this Court. ” th It is settled proposition of law that, when the petitioner is in settled 5. possession and enjoyment of the subject property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “RameGowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.RsA”. Therefore, if the petitioner is 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 petitioner, except by due process of law. 2004(1) see 769 A 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. Sd/- K. TATA RAO DEPUTY REGISTRAR f //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District, at Anakapalli. 3. The Revenue Divisional Officer, Anakapalli Anakapalli District at Anakapalli. 4. The Tahsildar, Sabbavaram Mandal, Anakapalli District 5. One CC to SRI R SUDHA RANI Advocate [OPUC] 6. Two CCs to GP FOR REVENUE High Court of Andhra I 7. Two CD Copies Revenue Division Pradesh [OUT] gsg HIGH COURT i DATED: 08/07/2025 ORDER WP NO. 16564 OF 2025 75 m 2025 o 3: m O Co. Current Jsection DISPOSING THE WP WITHOUT COSTS