[ 3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTHDAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12572 OF 2025 Between: Enla Nagaiah, S/o. Swamy Das, aged 49 years, R/o. Maramreddypall i Village, Seetharamapuram Mandal, SPSR Nellore District, Andhra Pradesh. ...PETITIONER/S AND 1. The State of Andhra Pradesh, Represented by its Principle Secretary Revenue Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, SPSR Nellore District at Nellore, SPSR Nellore District, Andhra Pradesh. 3. The Revenue Divisional Officer, Atmakur Division, SPSR Nellore District, Andhra Pradesh. 4. The Tahsildar, Seetharamapuram Mandal, SPSR Nellore District, Andhra Pradesh. 5. Erla Nagaish, S/o. Joseph, aged 50 years, R/o. Maramreddypall i Village, Seetharamapuram Mandal, SPSR Nellore District, Andhra Pradesh. ...RESPONDENT/S Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ Of Mandamus declaring the action of the respondents more particularly 4*^ respondent in interfering with the property of the petitioner in Sy. No. 86-3 tb an extent of Ac. 02.86 cents situated at Maramreddypalli Village, Seetharamapuram Mandal, SPSR Nellore District, Andhra Pradesh under due influence of the 5th respondent though order of status quo issued by the 4'*^ respondent dated 13.02.2025 is in operation as illegal, arbitrary and oppose to all cannons of justice and contrary to Article 300-A of the Constitution of India consequentially direct the respondents not to interfere with the property of the property of the petitioner in Sy. No. 86-3 to an extent of Ac. 02.86 cents situated at Maramreddypalli Village, Seetharamapuram Mandal, SPSR Nellore District, Andhra Pradesh without following due procedure established under law. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 the property of the property of the petitioner in Sy. No. 86-3 to an extent of Ac. 02.86 cents situated at Maramreddypalli Village, Seetharamapuram Mandal, SPSR Nellore District, Andhra Pradesh without following due procedure established under law. Counsel for the Petitioner(s):SRI: V SAI KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: V APHC010252372025 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: 12572/202^ Between: Erla Nagaiah, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VSAI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Cdurt made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12572/2025 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 declaring the action of the respondents more particularly respondent in interfering with the property of the petitioner in Sy. No. 86-3 to an extent of Ac. 02.86 cents situated at Maramreddypalli Village, Seetharamapuram Mandal, SPSR Nellore District, Andhra Pradesh under due influence of the respondent though order of status-quo Issued by the 4^^^ respondent dated 13.02.2025 Is in operation as illegal, arbitrary and oppose to all cannons of justice and contrary to Article 300- A of the Constitution of India and consequentially direct the respondents not to interfere with the property of the petitioner in Sy. No. 86-3 to an extent of Ac. 02.86 cents situated at Maramreddypalli Village, Seetharamapuram Mandal, SPSR Nellore District, Andhra Pradesh without following due procedure established under law 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 peaceful possession and enjoyment of the petitioner’s subject property without following due process of law. 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law. 3 4. Having regard to the submissions made by the learned counsel fdr the petitioner and 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, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “f?ame Gowda (dead) by L.Rs. v. Dh.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 peaceful possession and enjoyment of the subject property, except by following due process of law. 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. VINOD KUMAR SECWN OFFICER assistant //TRUE COPY// 2004 (1) see 769 To, 1. The Principle Secretary Revenue Department,State Secretariat Buildings Pradesh.[By Special Messenger] 2. The District Collector, SPSR Nellore District, Andhra Pradesh. 3. The Revenue Divisional District, Andhra Pradesh. 4. The Tahsildar, Andhra Pradesh. 5. Erla Nagaish, S/o. Joseph, aged 50 Village, Seetharamapuram Mandal, Pradesh.[2 to 5 by RPAD] 6. One CC to SRI. V SAI KUMAR Advocate of Andhra Pradesh, Guntur District, Andhra at Velagapudi, District at Nellore, SPSR Nellore Officer, Atmakur Division, SPSR Nellore Seetharamapuram Mandal, SPSR Nellore District years, R/o. Maramreddypalli SPSR Nellore District, Andhra [OPUC] 7. Two crs to GP FOR REVENUE .High Court Of Andhra Pradesh. 8. Three CD Copies . HIGH COURT DATED:07/05/2025 ORDER WP.No.12572 of 2025 % I 22 SEP 2025 ^ . Current Section 5!&^SPATCVV^5-^' fTl: THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS