y APHC010254692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADWT^ WRIT PETITION No: 13818 OF 2025 Between: Dasari Srinivasa Gupta, S/o. late Nookaraju, aged about 60 years, Occ: Private Employee, R/o.D.No.20-7/2, Anakapalli Road, Penduthy Mandal, Visakhapatnam, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its the Principal Secretary, Revenue Development, Secretariat, Amaravathi, Gunturu District. 2. The District Collector, Visakhapatnam, Visakhapatnam District. 3. The Revenue Division Officer, Visakhapatnam, Visakhapatnam. Visakhapatnam District. 4. The Tahsildar, Pendurthy Mandal, Visakhapatnam District. 5. Gubbala Gandhiraju, C/o. Babu, Aged about 45 years, R/o. Flat NO. 114, Block-A, Balaji Hills, Simhapuri Colony, Vepagunta Appannapalem, VUDA Layout, Pendurthy, Visakhapatnam 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 an appropriate writ, order or direction more particularly one in the nature in WRIT OF MANDAMUS to declaring the action of the Respondents not to interfere with the peaceful possession and enjoyment of the subject land of the petitioner for an extent of 0.12 cents or 559 Sq. yads in Sy.No. 164/3C part and 12-34 cents or 600 Sq. yads in Sy.No. 164/3B part of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District with an intention to handover to 5**^ respondent. IA 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 with the peaceful possession and enjoyment of the land of the petitioner for an extent of 0.12 cents or 559 Sq. yads in Sy.No. 164/3C part and 12-34 cents or 600 Sq. yads iti Sy.No.164/3B part of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District pending disposal of the facts and circumstances of case to meet the ends of justice. Counsel for the Petitioner: REDDY VENKATA RAMANA Counsel for the Respondent Nos.1 to 4: ASST.GP FOR REVENUE Counsel for the Respondent No.5: The Court made the following order: APHC010254692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13818/2025 Between: 1.DASARI SRINIVASA GUPTA, S/0. LATE NOOKARAJU, AGED ABOUT 60 YEARS, OCC. PRIVATE EMPLOYEE, R/0. D.NO. 20-7/2, ANAKAPALLI ROAD, PENDUTHY MANDAL, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS THE PRINCIPAL REVENUE DEVELOPMENT, SECRETARIAT, SECRETARY AMARAVATHI, GUNTURU DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3.THE REVENUE DIVISION OFFICER, VISAKHAPATNAM, VISAKHAPATNAM. VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, PENDURTHY MANDAL, VISAKHAPATNAM DISTRICT. 5.GUBBALA GANDHIRAJU, C/0. BABU, AGED ABOUT 45 YEARS, R/O. FLAT NO. 114, BLOCK-A, BALAJI HILLS, SIMHAPURI COLONY, VEPAGUNTA APPANNAPALEM, VUDA LAYOUT, VISAKHAPATNAM DISTRICT. PENDURTHY, ...RESPONDENT(S): 2 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 an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS to declaring the action of the Respondents not to interfere with the peaceful possession and enjoyment of the subject land of the petitioner for an extent of 0.12 cents or 559 Sq. yads in Sy.No. 164/3C part and 12-34 cents or 600 Sq. yads in Sy.No. 164/3B part of Vepagunta village, Pendurthy Mandal, Visakhapatnam District with an intention to handover to 5th respondent 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 the peaceful possession and enjoyment of the land of the petitioner for an extent of 0.12 cents or 559 Sq. yads in Sy.No. 164/3C part and 12-34 cents or 600 Sq. yads iti Sy.No. 164/3B part of Vepagunta village, Pendurthy nriandal, Visakhapatnam District pending disposal of the facts and circumstances of case to meet the ends of justice. Counsel for the Petitioner: 1. REDDY VENKATA RAMANA Counsel for the Respondent(S): .1.GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13818 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents not to interfere with the peaceful possession and enjoyment of the subject land of the petitioner for an extent of 0.12 cents or 559 Sq. yads in Sy.No. 164/3C part and 12-34 cents or 600 Sq. yads in Sy.No. 164/3B Visakhapatnam District with an intention to handover to 5th respondent” 2. The petitioner is owner, possessor and enjoyer of land of an extent of Ac.0-12 cents in Sy.No.164/3C Part and Ac.0-12.34 cents in Sy.No.164/3B Part of Vepagunta Village, Pendurthy Mandal, Visakhapatnam District. The name of the petitioner was mutated in the revenue records and pattadar passbooks were also issued in his favour. The petitioner has been in peaceful possession and enjoyment of the subject land without any interruption whatsoever. The petitioner submits that, the respondents are trying to interfere into the peaceful possession and enjoyment of the petitioner’s subject land. Questioning the action of the respondents, the present writ petition is filed. 1. part of Vepagunta village, Pendurthy Mandal, 3. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents J 4 not to dispossess the petitioner from her land without following due process _ law. 4. Learned Assistant Government Pleader respondents would follow due orders. for Revenue submits that, the process of law and requested to pass appropriate 5. Heard learned counsel for the Revenue and perused the material available petitioner, learned Government Pleader for on record. 6. When the petitioner is in settled possession and enjoyment of the 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 L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs. 1 ” . Therefore, if the petitioner is in are directed not to possession of the subject properly, the respondents dispossess the petitioner from the subject property, except by due process of law. 7. With the above direction, the admission with the consent of both the writ petition is disposed of at the stage of counsel. No costs. 8. Consequently, miscellaneous petitions pending, if any, shall also stand closed. T 2004(1) see 769 Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPYII SEeTION OFFieER To, 1. The Principal Secretary, Revenue Development Pradesh Secretariat, Velagapudi, Amaravathi, Gunturu District. State of Andhra r 2. The District Collector, Visakhapatnam, Visakhapatnam District. 3. The Revenue Division Officer, Visakhapatnam, Visakhapatnam. Visakhapatnam District. 4. The Tahsildar, Pendurthy Mandal, Visakhapatnam District. 5. Gubbala Gandhiraju, C/o. Babu, Aged about 45 years, R/o. Flat No. 114, Block-A, Balaji Hills, Simhapuri Colony, Vepagunta Appannapalem, VUDA Layout, Pendurthy, Visakhapatnam District. 6. One CC to Sri Reddy Venkata Ramana, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. gi »» it ef i HIGH COURT DATED:04/07/2025 ORDER WP N0.13818 0F 2025 5- .. V I MJUtZW I Current Section DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS