APHC010282432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14260 OF 2025 Between: 1. Mummadi Srilaxmi, W/o. Pottabathini Venu Madhav Aged about 45 years, Occ Housewife 2. Smt. Mummadi Prabhavathi, W/o. Krishnaiah Aged about 60 years Occ Housewife Both are R/o. Flat No.FF-2, A-Block, Keerthi Enclave, Sullurupeta Town and Mandal, Tirupathi District, A.P. ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, 4th Block, Ground Floor, Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector and District Magistrate, Tirupathi District, Andhra Pradesh. 3. The Revenue Divisional Officer, Sullurpeta Division, Tirupati District Andhra Pradesh 4. The Tahsildar, Pellakuru Mandal, Tirupati District Andhra Pradesh. ...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 I W' pleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities making efforts in dispossessing the petitioners from their land situated at Survey N0.86-8B, to an extent of Ac. 0-19 cents, Sy.No.86-8p to an extent of Ac.0-09 cents and Sy.No.86-11 to an extent of Ac.0-27 cents, situated at Talvaipadu Village, Pellakur Mandal, Sri Potti Sriramulu Nellore District, presently Tirupati District, as illegal, arbitrary and violation of principles of natural justice consequently direct the respondents not to interfere into the peaceful possession of the subject property situated at Survey N0.86-8B, to an extent of Ac. 0-19 cents, Sy.No.86-8p to an extent of Ac.0-09 cents and Sy.No.86-11 to an extent of Ac.0-27 cents, situated at Talvaipadu Village, Pellakur Mandal, Sri Potti Sriramulu Nellore District, presently Tirupati District, except by following due process of law. 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 into the peaceful possession of the subject property situated at Survey No.86- 8B, to an extent of Ac. 0-19 cents, Sy.No.86-8p to an extent of Ac.0-09 cents and Sy.No.86-11 to an extent of Ac.0-27 cents, situated at Talvaipadu Village Sriramulu Nellore District, presently Tirupati District, except by following due process of law. Pellakur Mandal, Sri Potti Counsel for the Petitioners: K GANI REDDY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010282432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) siMi [3329] WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14260/2025 Between: 1.MUMMADI SRILAXMI, W/0. POTTABATHINI VENU MADHAV AGED ABOUT 45 YEARS, OCC HOUSEWIFE 2.SMT. MUMMADI PRABHAVATHI, W/0. KRISHNAIAH AGED ABOUT 60 YEARS, OCC HOUSEWIFE BOTH ARE R/0. FLAT NO.FF-2, A- BLOCK, KEERTHI ENCLAVE, SULLURUPETA TOWN AND MANDAL, TIRUPATHI DISTRICT, A.P. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUPATHI DISTRICT, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, SULLURPETA DIVISION, TIRUPATI DISTRICT ANDHRA PRADESH 4.THE TAHSILDAR, PELLAKURU MANDAL, TIRUPATI DISTRICT ANDHRA PRADESH. ...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 w 2 pleased to pleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities making efforts in dispossessing the petitioners from their land situated at Survey N0.86-8B, to an extent of Ac. 0-19 cents, Sy.No.86-8p to an extent of Ac.0-09 cents and Sy.No.86-11 to an extent of Ac.0-27 cents, situated at Talvaipadu Village, Pellakur Mandal, Sri Potti Sriramulu Nellore District, presently Tirupati District, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to interfere into the peaceful possession of the subject property situated at Survey N0.86-8B, to an extent of Ac. 0-19 cents, Sy.No.86-8p to an extent of Ac.0-09 cents and Sy.No.86-11 to an extent of Ac.0-27 cents, situated at Talvaipadu Village, Pellakur Mandal, Sri Potti Sriramulu Nellore District, presently Tirupati District, except by following due process of law 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 into the peaceful possession of the subject property situated at Survey No.86- 8B, to an extent of Ac. 0-19 cents, Sy.No.86-8p to an extent of Ac.0-09 cents and Sy.No.86-11 to an extent of Ac.0-27 cents, situated at Talvaipadu Village, Pellakur Mandal, Sri Potti Sriramulu Nellore District, presently Tirupati District, except by following due process of law and pass Counsel for the Petitioner(S): 1.KGAN! REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 yr THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14260/202^ 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 in the nature of Writ of Mandamus declaring the action of respondent authorities making efforts in dispossessing the petitioners from their land situated at Survey No. 86-8B, to an extent of Ac. 0.19 cents, Sy.No.86-8p to an extent of Ac.0.09 cents and Sy.No.86-11 to an extent of Ac.0.27 cents, situated at Talvaipadu Village, Pellakur Mandal, Sri Potti Sriramulu Nellore District presently Tirupati District Illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to interfere into the peaceful possession of the subject property situated at Survey N0.86-8B, to an extent of Ac. 0.19 cents, Sy.No.86- 8p to an extent of Ac.0.09 cents and Sy.No.86-11 to extent of Ac.0.27 cents, situated at Talvaipadu Village, Pellakur Mandal, Sri Potti Sriramulu Nellore District presently Tirupati District except by following due process of law and pass such other order. ” 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’ peaceful possession and enjoyment of the subject property, without following due process of law. 3. Learned Assistant Government Pleader for the respondents furnished written instructions dated 12.06.2025 issued by the 4^^ respondent, wherein it is stated as follows: one as an \ 4 Ih The 4 respondent herein, not issued any notice against the writ petitioners and also not interfere in any manner. If the petitioners are having any documents they having liberty to approach the authorities for their relief ” 4. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by the learned Assistant Government 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) by L.Rs. v. M.Varadappa Naidu (Dead) by LRs^’. Therefore, if the petitioners possession of the subject property, the respondents directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by following due process of law. are are in are 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/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Floor, Room No 135, Amaravathi, Guntur District, Andhra Pradesh. 4th Block, Ground A.P Secretariat Office, Velagapudi 2. The District Collector and District Magistrate, Tirupathi District, Andhra Pradesh. 3. The Revenue Divisional Officer, Sullurpeta Division, Tirupati District Andhra Pradesh 4. The Tahsildar, Pellakuru Mandal, Tirupati District Andhra Pradesh. 5. One CC to Sri. K Gani Reddy, Advocate [OPUC] 6. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 7. Three CD Copies. AL •p HIGH COURT DATED:25/06/2025 ORDER WP NO. 14260 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS