IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13145 OF 2025 ^ Between: Konki Damayanthi, W/o Narasimhulu, Aged about 55 years Occ House Wife(Cooli, R/o 2-15 Maddilivanipeta Peddatamargpalli Village Nandigam Mandal Srikakulam District ...PETITIONER AND The State of Andhra Pradesh, Rep by its , Principal Secretary Revenue- Departrhent, A.P Secretariat, Velagapudi, Amarayathi, Guntur District. The District Collector, Srikakulam Srikakulam District. The Revenue Divisional Officer, Tekkali Division Srikakulam District. TheTahsildar, TekkaliMandal Srikakulam District The Village Revenue Officer, Raghunadhapuramvillage,Tekkali Mandal Srikakulam District. The Station house officer, Tekkali Police Station Srikakulam District 1. 2. 3. 4. 5. 6. ...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 a Writ order or direction more particularly one in the nature of Writ t of Mandamus to declare the action of the Respondents no.2 to 5 trying to dispossessing the petitioner from the petitioner assigned schedule property in plot no.672/A in Sy. NO.60-1A/1C for an Ext. of Ac 0.01 -1/2 cents, house site patta situated at Raghunadhapuramvillage.Tekka li Mandal *Sri^kakulam District AP without giving any notice, without following due probess of law is highly illegal, arbitrary and violation of Art. 14, 21 and 300 (A) of Constitution of India and violation of Principles of Natural Justice and consequently direct Respondents No.2 to 5 not to interfere in the above petitioner assigned schedule property in plot no.672/A in Sy. N0.6O-IA/IC for an Ext. of Ac 0.01 -1/2 cents, house site patta situated at Aghunadhapuram village.Tekkali Mandal Srikakulam District AP schedule property. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents No.2 to 5 not to interfere in the above petitioner assigned schedule property in plot no.672/A in Sy. No.60- 1A/1C for an Ext. of Ac 0.01 -1/2 cents, house site patta situated at Raghunadhapuram village,Tekkali Mandal Srikakulam District AP schedule property. Counsel for the PetItionenSRI TOTA TEJESWARA RAO Counsel for the Respondents No.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR HOME / The Court made the following: ORDER APHC010246842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0&: FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13145/2025 Between: ...PETITIONER Konki Damayanthi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .TOTA TEJESWARA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: 2 ^1^ THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13145/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents Nos. 2 to 5 trying to dispossessing the petitioner from the petitioner assigned schedule property in plot No. 672/A In Sy.No.dO-lAJIC for an extent of Ac. 0.01 - 1/2 cents, house site patta situated at Raghunadhapurami Village, Tekkall Mandal, Srikakulam District, A.P. without giving any notice, without following due process of law is highly illegal, arbitrary and violation of Art 14, 21 and 300-A of Constitution of India and violation of principles of natural justice and consequently direct respondents Nos. 2 to 5 not to interfere in the above petitioner’s assigned schedule property in plot No. 672/A in Sy.No.60-1A/1C for an extent of Ac. 0.01 -1/2 cents, house site patta situated at Raghunadhapuram Village, Tekkall Mandal, Srikakulam District, A.P. and pass such other order. ” 2. 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 petitioner’s subject property without following due process of law. 3. Learned Assistant Government Pleader for the respondents furnished written instructions issued by the respondent dated 08.05.2025, wherein it is stated as follows: It Is submitted that the petitioner Smt.Konki DamayanthI, of W/o. Narasimhulu, resident 3 Maddilivanipeta, Pedda Tamarapalll Village of Nandigam Mandal, Srikakulam District try to illegally encroach plot No.672/A in Sy.No.60-1A/1C for an extent of Ac.0.01 2V cents situated at Raghunadhapuram Village, Tekkali Mandal, Srikakulam District, and Smt.Miriyala Hemalatha, W/o.Santhosh is also claiming the same land b showing a house site patta of above plot number. Therefore, the eviction of encroachment was carried out as per procedure the land is resumed to the Government. It is submitted that the petitioner has no right or title over the above said plot. The documents submitted by the petitioner before the Hon ’ble Court in this case, are not relating to the schedule lands. ” 4. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, she cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by L.Rs.^". Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the petitioner’s subject property, except by following due process of law. 2004 (I) see 769 4 5. With the above direction, the writ petition is disposed of There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K.J.RAJA BABU assistant registrar ' SECTION OFFICER The Principal Secretary, State of Andhra Pradesh, Revenue-Department, A.P Secretariat, Velagapudi, Amarayathi, Guntur District. The District Collector, Srikakulam Srikakulam District. The Revenue Divisional Officer, Tekkali Division Srikakulam District. TheTahsildar, TekkaliMandal Srikakulam District The Village Revenue Officer, Raghunadhapuramvillage,Tekkali Mandal Srikakulam District. The Station house officer, Tekkali Police Station Srikakulam District One CC to SRI. TOTA TEJESWARA RAO Advocate [OPUC] 8. Two CCS to GP FOR REVENUE .High Court Of Andhra Pradesh. [OUT] GP FOR HOME, High Court Of Andhra Pradesh. [OUT] //TRUE COPY// To, 1 2. 3. 4. 5. 6. 7. 9. Two CCs to 10. Three C.D.Copies nm 4t HIGH COURT DATED:09/05/2025 ORDER WP.No.13145 of 2025 * 27 MAY 2025 . Current section m eo DISPOSING OF THE WP WITHOUT COSTS