'le [ 3329 ] 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: 13251 OF 2025 / Between: D. Chinna Penchulrao, S/o. Penchulaiah, Aged 47 years, R/o. Kothapalli S.C. Colony, Gudipadu Village, A.S. Peta Mandal, SPSR Nellore District. ...PETITIONER . AND 1. The State of Andhra Pradesh,. Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Atmakur, SPSR Nellore District. 4. The Tahsildar, A.S. Peta Mandal, SPSR Nellore District. 5. K.Chinna Malakondaiah, S/o. Kondaiah, Aged 49 years, R/o. Gudipadu Village, A.S.Peta Mandal, SPSR Nellore 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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of respondents in interfering with the possession, enjoyment and trying to dispossess the petitioner from the lands admeasuring an extent of Ac.2.53 Cents in Sy. No.706/3, an extent of Ac.2.00 Cents in Sy. No.706/2 of Gudipadu Village, A.S.Peta Mandal, SPSR Nellore District land, without following the due process of law as Illegal, arbitrary, violative of Article 21 & 300-A of the Constitution of India, Consequently direct the respondents herein not to dispossess the petitioner from the lands admeasuring an extent of Ac.2.53 Cents in Sy. No.706/3, an extent of Ac.2.00 Cents in Sy. No. 706/2 of Gudipadu Village, A. S. Peta Mandal, SPSR Nellore District and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of the justice. ‘ 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 herein not to dispossess the petitioner from the lands admeasuring an extent of Ac.2.53 Cents in Sy. No.706/3, an extent of Ac.2.00 Cents in Sy. No. 706/2 of Gudipadu Village, A.S.Peta Mandal, SPSR Nellore District. Counsel for the Petitioner(s):SRI.VVINOD K REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ^ APHC010263392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13251/2025 Between: D ChinnaPenchulrao ...PETITIONER AND The State Of Ap ...RESPONDENT Counsel for the Petitioner: 1.VVINOD K REDDY Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of Indiaseeking the following relief: “...to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of respondents in interfering with the possession, enjoyment and trying to dispossess the petitioner from the lands admeasuring an extent of Ac.2.53 Cents in Sy. No.706/3, an extent of Ac.2.00 Cents in Sy. No. 706/2 of Gudipadu Village, A.S.Peta Mandal, SPSR Nellore District land, without following the due process of law as illegal, arbitrary, violative of Article 21 & 300-A of the Constitution of India, Consequently direct the respondents herein not to dispossess the petitioner from the lands admeasuring an extent of Ac.2.53 Cents in Sy. No.706/3, an extent of Ac.2.00 Cents in Sy. No. 706/2 of Gudipadu Village, A.S.Peta Mandal, SPSR Nellore District and to pass..." 9 Heard the learned counsel for the petitioner and the learned Assistant 2. Government Pleader for Revenue appearing for the respondents. The case of the petitioner is that he is the son of Late Sri D. Penchulaiah and Smt. D. Kondamma, who were landless and poor. Approximately 40 years 3. ago, the 3rd respondent assigned agricultural land measuring Ac.2.00 cents in Sy. No. 706/2 of Gudipadu Village, A.S. Peta Mandal, SPSR Nellore District, to the petitioner's father under a "CJFS Patta." Following the assignment, the petitioner’s father cleared the land, invested his savings to make it fit for cultivation, and cultivated various crops. His name was duly recorded in the revenue records as the lawful possessor of the land.After the death of both parents, the petitioner, with the consent of his siblings, came into possession of th the land and has been in continuous, peaceful enjoyment of it. However, the 5 respondent, a politically influential individual in the locality, began interfering with the petitioner’s possession, intending to cancel the patta granted to the th petitioner's father and unlawfully take over the land. It is also noted that the 5 respondent himself holds assigned land in a similar manner, but no action has been taken against him.The petitionex made representations to the 4'^and 2"'^respondents on 23.01.2025 and 27.01.2025, requesting protection of his possession, but no action has been taken. Hence, the present Writ Petition is filed. The learned counsel for the petitioner submits that the respondents are 4. trying to dispossess the petitioner from the subject property of the petitioner without issuing any notice or following due process of law, which is contrary to the provisions under the Right To Land Acquisition, Rehabilitation petition. Fair Compensation And Transparency In And Resettlement Act, 2013. Hence the writ 5. The Learned Assistant Government that the petitioner isin continuous respondents authorities would follow due appropriate order in accordance with law. Pleader for Respondents, admitted possession of subject land and the process of law and-requested to pass 6. It is settled proposition of law that when the petitioner is in settled f possession and enjoyment of the property, the respondents interfere with the are not entitled to enjoyment of the petitioner and such respondents would amount to depriving the possession and highhanded action of the petitioner’s constitutional right Constitution of India, besides violation of Article guaranteed under Article 300-A of the 14 of the Constitution of India. Even assuming for a moment that this petitioner’s possession the petitioner is required to be afforded is illegal, still. an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame when the possession and enjoyment of the property, he cannot be process of law. Therefore, the petitioner from his subject property, except by due process of law subject to the possession of the subject property. Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs.^ petitioner is in settled dispossessed, without following due respondents are directed not to dispossess the '2004 (I) see 769 -f 7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department,State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District.[By Special Messenger] 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Atmakur, SPSR Nellore District. 4. The Tahsildar, A.S. Peta Mandal, SPSR Nellore District. 5. K.Chinna Malakondaiah, S/o. Kondaiah, Aged 49 years, R/o. Gudipadu Village, A.S.Peta Mandal, SPSR Nellore District. [2 to 5 by RPAD] : 6. One CC to SRI. V VINOD K REDDY Advocate [OPUC] 7. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies HIGH COURT DATED:09/05/2025 ORDER 11 SEP 2025 o 3r m WP.No.13251 of 2025 O \v5' Current Section ^ THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS