APHC010250082022 IN THE HIGH COURT OF ANDHRA PRADES^^S' . , ATAMARAVATI (Special Original Jurisdiction) (r WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14493 OF 2022 •j- rzriiTk-- ■,> // S:- Between: 1. Gangu Samrajyam, W/o Bangaraiah, Aged 59 years, Occ- Agriculturalist D.No- 2-117, Near Ramalayam, Mamillapallli Village, Chunduru Mandal, Guntur District Andhra Pradesh-522318. 2. Gangu Siva Prasad, S/o. Bangaraiah, aged about 41 yrs, D.No- 2-117, Near Ramalayam, Mamillapallli Village, Chunduru Mandal, Guntur District Andhra Pradesh-522318 ...PETITIONERS AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur. 2. District Collector, Guntur District, Presently Bapatia District. 3. The Revenue Divisional Officer, Tenali Division, Guntur District. 4. The Tahsildar, Chunduru Mandal, Guntur District, Presently Bapatia 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 Writ of Mandamus, declaring the action of the respondents in trying to m dispossess the petitioners' in respect of the total land admeasuring to extent of Ac.0.61 Cents each situated in R.Sy.No.s.322, in Vetapalem Village, Chunduru Mandal, Guntur District, belonging to the petitioners’ as illegal, arbitrary, unconstitutional, without notice, and not following due process of law is violation of Article-300 A of the Constitution Apart from Article the Constitution of India and an 14 and 21 of consequently direct the respondents 2 to 4not to interfere with the peaceful possession and enjoyment and not to disposes the petitioners' without following due process of law from the an extent of Ac.0.61 Cents each, situated in R.Sy.No.s.322, in Vetapalem Village, Chunduru Mandal, Guntur District. agricultural land to lA NO: 1 OF 2079 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 with peaceful possession and to an in R.Sy.No.s.322, in Vetapalem Village, Chunduru Mandal, Guntur District, pending disposal of the writ petition. enjoyment and not to disposes the petitioners' from the agricultural land extent of Ac.0.61 Cents each situated lA NO: 1 OF 209!^ Between: The Tahsildar, Chunduru Mandal, Guntur District, Presently Bapatia ...PETITIONER/RESPONDENT District. AND 1. Gangu Samrajyam. W/o Bangaraiah Aged 59 years, Occ- Agriculturalist D.No- 2-117, Near Ramalayam Chunduru Mandal, Guntur District Andhra Pradesh-522318. 2. Gangu Siva Prasad, S/o. Bangaraiah, aged about Mamillapallli Village, 41 yrs, D.No- 2-117, Mandal, Guntur Near Ramalayam, Mamillapallli Village, Chunduru District Andhra Pradesh-522318 ■f ...RESPONDENTS/PETITIONERS State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur. District Collector, Guntur District, Presently Bapatia District. The Revenue Divisional Officer, Tenali Division, Guntur District. (R3 to R5 are not necessary parties in this petition) 3. 4. 5. ...RESPONDENTS/ RESPONDENTS 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 vacate the interim order dated 12.05.2022 in WP.No.14493 of 2022 and to dismiss the Writ Petition. Counsel for the Petitioners: SRI RAMESH BABU TATAPUDI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010250082022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY.THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14493/2022 Between: 1.GANGU SAMRAJYAM, W/0 BANGARAIAH, AGED 59 YEARS. OCC- AGRICULTURALIST. D.NO- 2-117, NEAR RAMALAYAM, MAMILLAPALLLI VILLAGE, CHUNDURU MANUAL, GUNTUR DISTRICT, ANDHRA PRADESH- 522318. 2.GANGU SIVA PRASAD, S/0. BANGARAIAH, AGED ABOUT RAMALAYAM. MANDAL, 41 YRS, D.NO- 2-117, NEAR MAMILLAPALLLI VILLAGE, CHUNDURU GUNTUR DISTRICT ANDHRA PRADESH-522318 ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR 2. DISTRICT COLLECTOR, GUNTUR DISTRICT, PRESENTLY BAPATLA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, TENALI DIVISION GUNTUR DISTRICT. 4.THE TAHSILDAR, CHUNDURU MANDAL, GUNTUR DISTRICT.PRESENTLY BAPATLA 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 to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to dispossess the petitioners' in respect of the total land admeasuring to an extent of Ac.0.61 Cents each situated in R.Sy.No.s 322, in Vetapalem Village, Chunduru Mandal, Guntur District, belonging to the petitioners' as illegal, arbitrary, unconstitutional, without notice, and not following due process of law is violation of Article-300 A of the Constitution Apart from Article 14 and 21 of the Constitution of India and consequently direct the respondents 2 to 4not to interfere with the peaceful possession and enjoyment and not to disposes the petitioners' without following due process of law from the agricultural land to extent of Ac.0.61 Cents each, situated in R.Sy.No.322, in Vetapalem Village. Chunduru Mandal, Guntur District. lA NO: 1 OF 2022 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 with peaceful possession and enjoyment and not to disposes the petitioners' from the agricultural land to an extent of Ac.0.61 Cents each situated in R.Sy.No.s 322, in Vetapalem Village, Chunduru Mandal, Guntur District, pending disposal of the writ petition. 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 to vacate the interim order dated 12.05.2022 in WP.No. 14493 of 2022 and to dismiss the Writ Petition. an Counsel for the Petitioner(S): 1.RAMESH BABU TATAPUDI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: |Sr, THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14493 OF 2022 ORDER: The petitioners claim that they are in absolute possession of land admeasuring an extent of Ac.0.61 cents each in R.Survey No.322 of Pattain Vetapalem Village, Chunduru Mandal, Guntur District. It is the case of the petitioners that in due recognition of their possession, the 4‘*^ respondent granted assignment in their favour on 10.03.2011. It is further case of the petitioners that they are in peaceful possession and enjoyment of the said land since the date of grant. It is further stated that the names of the petitioners were mutated in the revenue records. Copies of the same are filed along with the writ petition. It is the case of the petitioners that while so, contractors interfered with the possession of the petitioners on 06.05.2022 and on 07.05.2022 and tried to dig pits over the lands and when the said action was questioned by the petitioners, it was informed to the petitioners that they are doing so at the instance of the 4‘^ respondent as the land is required for Government schemes. As the 4‘^ respondent without issuing any notice and without following due process of law tried to interfere with the possession of the petitioners, they approached this Court by filing the present writ petition. 2. At the stage of admission, by order dated 12.05.2022, this Court directed the respondents not to interfere with the possession of the 4 petitioners in respect of the subject land for the same was subsequently extended. a period of six weeks and 3. On the other hand, the 4"^ respondent filed counter affidavit stating that the averments made in the affidavit filed writ petition are not true and it in support of the is further stated that the 4“^ respondent never interfered with the possession of the petitioners and the subject It is further stated in land is not required for any Government schemes, the counter affidavit that the 4‘^ respondent did not permit anybody to dig pits in the subject land. The counter affidavit further reads that the petitioners are in possession and enjoyment of the lands in dispute. 4. Having considered the averments made in the counter affidavit filed by the 4*' respondent, it is clear that the 4*' respondent did not interfere with the possession of the petitioners. In view of the same the present Writ Petition is disposed of directing the respondents interfere with the possession of the petitioners in respect of the subject land, except in accordance with law. There shall be not to no order as to costs. As a sequel thereto, miscellaneous petitions pending shall stand closed. if any Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. Guntur. 2. District Collector, Guntur District, Presently Bapatia District. The Revenue Divisional Officer, Tenali Division, Guntur District. The Tahsildar, Chunduru Mandal, Guntur District, Presently Bapatia District. One CC to Sri Ramesh Babu Tatapudi, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies. 3. 4. 5. 6. 7. ssb HIGH COURT DATED;09/07/2025 ORDER WP No. 14493 OF 2022 2 5 JUL 2025 ;jc N«s£ia»jtS«tjSPj^ DISPOSING OF THE W.P. WITHOUT COSTS