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: 13108 OF 2025 Between: 1. Challa Kondala Rao, S/o Pedda Venkata Raju, Aged about 60 Years Occ Farmer, R/o H.No 1-92. Durgamma Temple, Pedavegi Janampeta, West Godavari District. Andhra Pradesh. 2. Challa Santhamma, S/o Kondala Rao. Aged about Farmer, R/o H.No 1-92, Durgamma Temple, Janampeta, West Godavari District, Andhra Pradesh. Mandal, 58 Years, Occ Pedavegi Mandal, ...Petitioners AND 1. The State of Andhra Pradesh rep. By its Principal Secretary, Revenue Department, Andhra Pradesh Secretariat, Velagapudi Andhra Pradesh. Guntur District 2. The District Collector, West Godavari District Pradesh. 3. The Revenue Divisional Officer, Eluru, West Godavari District, Andhra Pradesh. now Eluru District, Andhra District now Eluru ! 4. The Tahsildar, Pedavegi Mandal, West Godavari District District, Andhra Pradesh. now Eluru ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court 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 interfering with the petitioners land in Survey No.249 an extent of Ac 5.00 cents situated at Janampeta H/o Jagannadhapuram Village, Pedavegi Mandal, West Godavari District now Eluru District, Andhra Pradesh without issuing any notice and without following due process of law as illegal, irregular, arbitrary and violative of provisions of relevant laws and offends Art 14, 21 and 300-A of Constitution of India and Consequently direct the Respondents not to interfere with the petitioners land in Survey No.249 an extent of Ac 5.00 cents situated at Janampeta H/o Jagannadhapura Village, Pedavegi Mandal, West Godavari District now Eluru District Andhra Pradesh. may m 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 direct the Respondents not to interfere with the petitioner’s land in Survey No.249 an extent of Ac 5.00 cents situated at Janampeta H/o Jagannadhapuram Village, Pedavegi Mandal, West Godavari District Eluru District, Andhra Pradesh pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondents: GP FOR REVENUE The Court made the following: now r <«SC% APHC010258202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13108/2025 Between: Challa Kondala Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: r 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13108/2025 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 in interfering with the petitioners’ land In Survey No.249 an extent of Ac.5.00 cents situated at Janampeta, H/o.Jagannadhapuram Village, Pedavegi Mandal, West Godavari District now Eluru District Andhra Pradesh without issuing any notice and without following due process of law as illegal, irregular, arbitrary and violative of provisions of relevant laws and offends Art 14, 21 and 300-A of Constitution of India and Consequently direct the respondents not to interfere with the petitioners’ land in Survey No. 249 an extent of Ac. 5.00 cents situated at Janampeta, H/o.Jagannadhapuram Village, Pedavegi Mandal, West Godavari District now Eluru District Andhra Pradesh and pass such other order. ” r 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioners subject property, without following due process of law. 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government 3 Pleader for the respondents, it is observed that when the petitioners are in settled possession and enjoyment of the subject property, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) . Therefore, if the by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. petitioners are in possession of the subject property, the respondents are directed not to interfere with the petitioners’ 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. Sd/- M SRINIVAS ASSISTANT REGISTRAR T 2004 (1) see 769 //TRUE COPYII SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Andhra Pradesh Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, West Godavari District now Eluru District, Andhra Pradesh. 3. The Revenue Divisional Officer, Eluru, West Godavari District now Eluru District, Andhra Pradesh. 4. The Tahsildar, Pedavegi Mandal, West Godavari District now Eluru District, Andhra Pradesh. 5. One CC to SRI VENKATA MOHAN RAO PATHAKOTA, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies sree **■ HIGH COURT DATED:09/05/2025 ORDER WP.No.13108 of 2025 2 3 JUN 2D2b ^s^rrent Co DISPOSING OF THE W.P. WITHOUT COSTS