IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NI MMAGADDA WRIT PETITION NO: 14311 OF 2025 Between: 1. Mulla Taher All, S/o. M.Chinna Hazrath Sab, Aged 66 years, R/o. D.No. 21/87, SKD Colony, 2nd Road, Adoni, Kurnool District. Mulla Jaher Ali, S/o. M.Chinna Hazrath Sab, farmer and merchant Aged 58 years, R/o D.No. 3/40, Peddathumbalam, Adoni mandal, Kurnool District. 2. ...PETITIONERS AND The State of Andhra Pradesh, rep by its Secretary, Home Department Secretariat, Velagapudi, Amaravati, Guntur district. The Superintendent of Police, Kurnool district. The District Collector, Kurnool District, Kurnool The Tahsildar, Adoni Mandal, Kurnool District. The Sub Inspector of Police, Peddathumbalam Police Station Peddathumbalam, Adoni Mandal, Kurnool district. J.Mohmmad Shareef, S/o. HonnurSaheb, aged 31 years, Peddathumbalam village, Adhoni Mandal, Kurnool District. 1. 2. 3. 4. 5. 6. ...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 respondents 5 and 6 in trying to forcefully dispossess the petitioners from the land in the Sy No. 106/3 , Peddathumbalam village, Adoni Mandal, Kurnool district in an extent of Ac 2.31 Cents without following the procedure on the basis of may f and fake revenue record without following illegal, violative of Article 14,19, 21 of the Constitution ahd*opposed to the procedure contemplated under Section in land and Pattadar Pass Books Act, 1971 due process of law as of India 5 of A.P.Rights and consequently direct the respondents and direct the respondents not to interfere with the possession and enjoyment of petitioner from the subject property respondents 3 and 4 to delete the false entries in revenue records. and lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with possession and enjoyment of land in Sy No. 106/3 , Peddathumbalam village, Adoni Mandal, Kurnool district in an extent of Ac 2.31 Cents without procedure Pending finalisation of the above writ petition and grant other relief as may be deemed just and necessary in the interests of justice. following the such Counsel for the Petitioners : SRi KASA JAGANMOHAN REDDY Counsel for the Respondent Nos.1, 2 & 5 : GP FOR HOME Counsel for the Respondent Nos.3 & 4 : GP FOR REVENUE Counsel for the Respondent No.6 : NONE APPEARED The Court made the following: ORDER APHC010285052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3329] Hr ■A TUESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14311/2025 Between: ...PETITIONER(S) Mulla Taher Ali and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.KASA JAGANMOHAN REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14311/2025 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 respondent Nos. 5 and 6 in trying to forcefully dispossess the petitioners from the land in the Sy. No. 106/3, Peddathumbalam village, Adoni Mandal, Kurnool district in an extent of Ac.2.31 Cents without following the procedure on the basis of fabricated and fake revenue record without following due process of law as arbitrary, illegal, violative of Article 14, 19, 21 of the Constitution of India and opposed to the procedure contemplated under Section 5 of A.P. Rights In land and Pattadar Pass Books Act, 1971 and consequently direct the respondents not to Interfere with the possession and enjoyment of petitioners from the subject property and further direct respondent Nos. 3 and 4 to delete the false entries in revenue records 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 possession and enjoyment of 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. 3 4. Having regard to the submissions made by the learned counsel for the petitioners and 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) . Therefore, if the 1n by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. petitioners are in possession respondents are directed not to interfere with the possession and enjoyment of the petitioners’ subject property, except by following of the subject property, the 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. ' 2004 (1)SCC 769 Sd/- M SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur district. 2. The Superintendent of Police, Kurnool District. 3. The District Collector, Kurnool District, Kurnool 4. The Tahsildar, Adoni Mandal, Kurnool District. 5. The Sub Inspector of Police, Peddathumbalam Police Station Peddathumbalam, Adoni Mandal, Kurnool District. 6. One CC to Sri Kasa Jaganmohan Reddy, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three C.D. Copies. Cnr HIGH COURT DATED:17/06/2025 ORDER WP.No.14311 of 2025 ^ 2 3 JUN 2025 i X*^^nwtSectiM^* DISPOSING OF THE W.P. WITHOUT COSTS