APHC010286532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) nn^'- TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15083 OF 2025 Between: Adusumalli Venkata Rao,, aged about 41 Occupation - Agriculture, R/o.Peddireddypalli Village, Varikuntapadu Mandal, SPSR Nellore District. years S/o.Venkateswarlu ...Petitioner AND 1. The State of Andhra Pradesh, represented by its Principle Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Tahasildar, Varikuntapadu, S.P.S.R.Nellore District. 3. Chanda Venkata Ramaiah, aged about 62 Occupation- Agriculture, Mandal, S.P.S.R.Nellore District. years, S/o.Ramaiah, Seetharamapuram R/o.Gangavaram Village ...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 a Writ, Order or direction particularly in the nature of Writ of Mandamus directing respondents not to interfere with petitioners peaceful possession and enjoyment of his lands of Ac.6-04 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR I APHC010286492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY ‘ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION MQ: 1503^ np 9n9R OF JUNE NIMMAGADDA Between: Adusun^alli VenKata BhasKar, aged about 38 years S/o.Venka,eswarlu SsR?? ■ VarikuntapaduMandal,' SPSR Nellore District. ...Petitioner AND 1- The State of Andhra Pradesh, Revenue Department, Secretariat 2. The Tahasildar, Varikuntapadu 3. Velupu Peda Guravaiah - Agriculture, r S.P.S.R.Nellore District. represented by its Principle Secretary^ Velagapudi, Amaravathi, Guntur District. S.P.S.R.Nellore District. aged about 71 years, S/o.Guravaiah R/o.Thotala Cheruvupalli Village, Occupation VarikuntapaduMandal ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, Order i Mandamus directing respondents may be or direction particularly in the nature of Writ of not to interfere with petitioner^ peaceful of Ac.6-03 cents in Sy.No.71 of Palli Village, Varikuntapadu Mandal, SPSR possession and enjoyment of his lands Korumatta H/o. Thotala Cheruvu Nellore District without following due process of law by declaring the high handed action of the respondents in interfering with the petitioners lands of Ac.6-03 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without issuing notice and following due process of law as illegal and arbitrary and violation of Article 300 A of the Constitution of India. 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 possession of his lands of Ac.6-03 cents in Sy.No.71 of Kommatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without following due process of law, pending the Writ Petition. Counselfor the Petitioner:SRI G RAMACHANDRAREDDY Counsel for the Respondents 1 & 2: GP FOR REVENUE The Court made the following order: • • 1 • • • • X • • APHC010286492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15038/2025 [3329] Between: Adusumalli Venkata Bhaskar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.G RAMACHANDRA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution 1. of India seeking the following relief: “to issue a Writ, Order or direction particularly in the nature of Writ of Mandamus directing respondents not to interfere with petitioners peaceful possession and enjoyment of his lands of Ac.6-03 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without following due process of law by declaring the high handed action of the respondents in interfering with the petitioners lands of Ac.6-03 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without issuing notice and following due process of law as illegal and arbitrary and violation of Article 300 A of the Constitution of India and pass order” 2 2. During hearing, learned counsel for the touching the merits of the petitioner, without case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from his subject property, without following due process of law. 3. Learned Assistant Government Pleader for admitted that the petitioners subject land and the respondents’ authorities process of law and requested to accordance with law. It is settled proposition of law that when the Respondents are in continuous possession of would follow due pass appropriate orders in 4. petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in ‘Rame Gowda (dead) by LRs. v. M.Varadappa Naidu 3 (Dead) by L.Rs.\ when the petitioner is in settled possession and, enjoyment of the property, he cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ subject property. However, if they intend to take any action against subject property of the petitioner, they shall follow the due procedure as contemplated under the law. With the above direction, the writ petition is disposed of. No 5. costs. As a sequel, interlocutory applications if any pending, shall stand closed. 1 2004(1) see 769 cn/- N NAGANIW^A \ assisWregistrar i //TRUE COPY 11 SEeTlON OFFieER To, 1. The Principle Secretary Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Tahasildar, Varikuntapadu, S.P.S.R.Nellore District. 3. One CC to Sri G Ramachandra Reddy, Advocate [OPUC] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 5. Two CD Copies Revenue Department, State of Andhra RAM HIGH COURT DATED:24/06/2025 ORDER WP NO. 15038 OF 2025 1 JUL 2025 jl rrentSectionX*^ DISPOSING OF THE WP WITHOUT COSTS