IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12402 OF 2025 Between: Sivamma, W/o.Late Shanmugam, Aged about 55 years, R/o.M.K.FAiram Village, Shantipuram Mandal, Chittoor District, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Kuppam, Chittoor District. 4. The Tahsildar, Shantipuram, Chittoor District. 5. The Station House Officer, Rallabuduguru, Shantipuram Mandal, Chittoor District. 6. Venkatappa, S/o. Timmarayappa, R/o. M.K.Puram Village, Shantipuram Mandal, Chittoor District. 7. Muniratnam, S/o. Chinna Krishnappa, R/o. M.K.Puram Village, Shantipuram Mandal, Chittoor 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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents No.2 to 5 without following the due process of law trying to dispossess the petitioner from the lands in Sy.N‘o.33/1 an extent of Ac. 1-17 cents, and Sy.No.33/2/2 an extent of Ac.0-28 cents situated in M.K.Puram Village, Shantipuram, Chittoor District, as illegal, arbitrary, besides violation of principles of Natural Justice, consequently direct the Respondents not to interfere into the Petitioners peaceful possession and enjoyment of the said property in Sy.No.33/1 an extent of Ac. 1-17 cents, and Sy.No.33/2/2 an extent of Ac.0-28 cents situated in M.K.Puram Village, Shantipuram, Chittoor District, forthwith. / 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 respondents not to interfere into the petitioner’s lands in Sy.No.33/1 an extent of Ac. 1-17 cents, and Sy.No.33/2/2 an extent of Ac.0-28 cents situated in M.K.Puram Village, Shantipuram, Chittoor District by- directing the respondents not to create any third party rights in lands in Sy.No.33/1 an extent of Ac. 1-17 cents, and Sy.No.33/2/2 an extent of Ac.0-28 cents situated in M.K.Puram Village, Shantipuram, Chittoor District. Counsel for the Petitioner: SRI PRAKASH C Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME Counsel for the Respondent Nos.6 & 7:— The Court made the following: ORDER ..1.. • • X • « -/ / / APHC010246812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12402/2025 Between: Sivamma ...PETITIONER AND The State Of Ap ...RESPONDENT Counsel for the Petitioner: 1.PRAKASH C Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents No 2 to 5 without following the due process of law trying to dispossess the petitioner from the lands in Sy No 33/1 an extent of Ac. 1-17 cents and Sy No.33/2/2 an extent of Ac 028 2 cents situated in M K Puram Village Shantipuram Chittoor District as illegal arbitrary besides violation of principles of Natural Justice consequently direct the Respondents not to interfere into the Petitioners peaceful possession and enjoyment of the said property in Sy No. 33/1 an extent of Ac. 1-17 cents and Sy No 33/2/2 an extent of Ac 028 cents situated in M K Puram Village Shantipuram Chittoor District forthwith and to pass...” 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 dispossess the petitioner from his lands, without following due process of law. 2. 3. Learned Assistant Government Pleader for Respondents, submitted that if the petitioner is in continuous possession of subject land and the respondents’ authorities would follow due process of law and requested to pass appropriate orders in accordance with law. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished instructions dated 06.05.2025 wherein it is stated that:- written 7 further submit that the subject lands were obtained by the petitioner through Partition deed from her mother- in-law through Registered Doc No. 707/2003 of the Sub 3 Registrar Kuppam and for the same the then Revenue Officials has granted Pattadar Passbook. The petitioner has submitted representation in PGRS vide Grievance No:CTR20240730227 dated:30.07.2024 prayed that her lands In Sy. No. 33/1 an extent of Ac. 1-17 cents, and Sy. No. 33/2/2 an extent of, Ac. 0-28 cents of Mulluru Krishnapuram revenue village were occupied by Venkatappa S/o Thimmarayappa resident of Mulluru Krishnapuram on Sy. No. 33/1 an extent of Ac. 1-17 cents and Vijayamma W/o Munirathnam Resident of Mulluru Krishnapuram on Sy. No. 33/2/2 an extent of Ac. 0-28 cents and requested to vacate from the filed and handed over the subject land to her. After due verification of the village accounts of Mulluru Krishnapuram revenue village Sy.No.33/1 an extent of Ac.1-17 cents, and Sy. No. 33/2/2 an extent of Ac. 0-28 cents are in the name of Smt Sivamma W/o Shanmugam resident of Mulluru Krishnapuram, Santhipuram Mandal. On field verification e"’ and 7^^ respondents forcefully enjoying the subject land and 4^'' respondent asked the occupiers to show the records for the subject land. In this matter the occupiers of the subject land has submitted the unregistered documents which were not entered in Revenue records of Mulluru Kirshnapuram revenue village but they were in possession and refused to vacate the subject land, possession on the subject land during the time of field visit". The petitioner was not in 4 4. It is S6ttl6d proposition of law that whon tho potitionor is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in ‘Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by LRs.\ when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioner s subject property, if the petitioner is in possession of the property. However, if they intend to take any action against subject property of the petitioner, they shall follow the due procedure contemplated under the law. as 2004(1) see 769 5 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if stand closed. any pending, shall Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Kuppam, Chittoor District. 4. The Tahsildar, ^hantipufam, Chittoor District. ' 5. The Station Howse*Officer, Rallabuduguru, Shantipuram Mandal, Chittoor District. 6. One CC to Sri Pfakash C, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:07/05/2025 ORDER WP.No.12402 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS