Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAV (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14330 OF 2025 Between: Maada Sitharamaiah, S/o Koteswara Rao, Aged 60 Years, Occ- Agriculture, Residing at Door.No. 1-15, Madipadu Village (Agraharam), Achampeta Mandal, Guntur District - 522409, A.P. ...Petitioner AND
1. The State of Andhra Pradesh, , Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Narasaraopeta, Palnadu District. 3. The Joint Collector, Narasaraopeta, Palnadu District. 4. The Revenue Divisional Officer, Narasaraopet, Palnadu District. 5. The Tahsildhar, Atchampeta Mandal, Palnadu District. 6. The Village Revenue Officer, Madipadu Village. Achampeta Mandal Palnadu 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 of Writ of Mandamus, declaring the action of the Respondents in trying to dispossess the petitioner from the peaceful possession and enjoyment of his agriculture land situated in Survey No. 175- 1A an extent of Ac.1.40 cents. Survey No.158-2A an extent of Ac.0.81 cents and Survey No. 159-4 an extent of Ac. 1.52 cents in Madipadu Village, Achampet Mandal, Palnadu/Guntur District, further action of the respondents in removing/changing the name of the petitioner in the revenue records, without issuing any notice, without giving any opportunity, without verifying the documents, without application of mind, as arbitrary, illegal, unjust, violative of principles of natural justice, contrary to law, discriminatory, violative of the Fundamental Rights guaranteed under Articles 14, 19(1 )(g) and 21 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the Respondents not to dispossess the petitioner from his agriculture land situated in Survey No. 175-1A an extent of Ac.1.40 cents. Survey No.158-2A an extent of Ac.0.81 cents and Survey No. 159-4 an extent of Ac.
1.52 cents in Madipadu Village, Achampei Mandal, Palnadu/Guntur District and further direct the respondents to restore the name of the petitioner in the Revenue Records in respect of the aforesaid land 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 peaceful possession and enjoyment of the petitioner over his agricultural land situated in Survey No.175-1A", an extent of Ac. 1.40 cents. Survey No.158- 2A an extent of Ac.0.81 cents ^nd- Survey No. 159-4 an extent of Ac. 1.52 cents in Madipadu Village, Achampet Mandal, Palnadu/Guntur District pending disposal of the above writ petition Counsel for the Petitioner: SRI T VENU GOPAL
Counsel for the Respondents No.1 to 6: GP FOR REVENUE The Court made the following: Order
w APHC010283842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:*E [3329] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14330/2025 Between: Maada Sitharamaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner:
1.T VENU GOPAL Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14330/2025
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 trying to dispossess the petitioner from the peaceful possession and enjoyment of his agriculture land situated in Survey No. 175-1A an extent of Ac. 1.40 cents, Survey No.158-2A an extent of Ac. 0.81 cents and Survey No. 159-4 an extent of Ac. 1.52 cents in Madipadu Village, Achampet Mandal, Palnadu/Guntur District further action of the respondents in removing/changing the name of the petitioner in the revenue records, without issuing any notice, without giving any opportunity, without verifying the documents, without application of mind as arbitrary, illegal, unjust, violative of principles of natural justice, contrary to law, discriminatory, violative of the Fundamental Rights guaranteed under Articles 14, 19(1) (g) and 21 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from his agriculture land situated in Survey No. 175-1A an extent of Ac.1.40 cents. Survey No. 158-2A an extent of Ac. 0.81 cents and Survey No.159-4 an extent of Ac.1.52 cents In Madipadu Village, Achampet Mandal, Palnadu/Guntur District and further direct the respondents to restore the name of the petitioner in the Revenue Records in respect of the aforesaid land 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 dispossess the petitioner from the subject property, without following due process of law.
3 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.
4. Having regard to the submissions made by the learned counsel for 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 “Rame Gowda (dead) by L.Rs. V. M.Varadappa Naidu (Dead) by LRs^’. Therefore, if the petitioner is in possession of the subject property, the respondents are
directed not to dispossess the petitioner from 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.
T2004 (1)SCC 769 SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR ^ECT^N OFFICER //TRUE COPY// To Revenue
1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Narasaraopeta, Palnadu District.
3. The Joint Collector, Narasaraopeta, Palnadu District.
4. The Revenue Divisional Officer, Narasaraopet, Palnadu District.
5. The Tahsildhar, Atchampeta Mandal, Palnadu District.
6. The Village Revenue Officer, Madipadu Village, Achampeta Mandal Palnadu District.
7. One CC to SRI T VEND GOPAL Advocate [OPUC]
8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT]
9. Three CD Copies gsg
HIGH COURT DATED; 17/06/2025
ORDER WP.No. 14330 of 2025 ^ 2 3JUN 2025 i ^vCyrrentSectigpX^ •'-Ssaoss^ €:
DISPOSING THE WP WITHOUT COSTS