N IN THE HIGH COURT OF ANDHRA PRADESH :: AMA (Special Original Jurisdiction) t WEDNESDAY, THE EIGHTEENTH DAY OF JUf^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14453 OF 2025 Between: S. Prasad, S/o S.Satyanarayana, Aged about 63 years, D.No.4-68, Padala, Tadepalligudem Mandal, West Godavari District, Andhra Pradesh-534101. ...PETITIONER AND The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. The District Collector, Eluru, West Godavari District, Andhra Pradesh. The Revenue Divisional Officer, Tadepalligudem, West Godavari District Andhra Pradesh. The Tahsildar, Padala Village, Tadepalligudem Mandal, West Godavari District, Andhra Pradesh. The Station House Officer, Padala Village, Tadepalligudem P.S., West Godavari District, Andhra Pradesh. Kollepara Sudhakar alias Bodhanadagiri Swamy, S/o Kollepara Surya Narayana, Padala, Tadepalligudem, Tadepalligudem Mandal, West Godavari District, Andhra Pradesh-534101. 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 may be pleased to issue a writ order of direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the illegal action of the Respondents in trying to evict/dispossess the Petitioners from to an extent Ac.0.50 cents & Ac.0.48 cents in survey number.73 of Padala village, TadepaJllgudem Mandal, West Godavari District, Andhra Pradesh, which is illegal, arbitrary and also against the Principal of Natural Justice and also Article 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to dispossess and interfere with the peaceful possessions and enjoyment of the Petitioner subject land to an extent Ac.0.50 cents in survey number.73 of Padala Village, Tadepalligudem Mandal, West Godavari District, Andhra Pradesh. i 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 Petitioners agricultural land to an extent Ae.0.50 cents & Ac.0.48 cents in survey number.73 of Padala Village, Tadepalligudem Mandal, West Godavari District, Andhra Pradesh pending disposal of the Writ Petition. Counsel for the Petitioner: SRI REGULAGADDA VENKATESH Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME Counsel for the Respondent No.6:— The Court made the following: ORDER APHC010292152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fM [3329] WEDNESDAY ,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14453/2025 Between: ...PETITIONER S Prasad AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. REGULAGADDA VENKATESH 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: 14453/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reiiefs:- “to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the illegal action of the respondents in trying to evict/dispossess the petitioners from to an extent Ac.0.50 cents and Ac.0.48 cents in survey number 73 of Padala Village, Tadepalligudem Mandal, West Godavari District, Andhra Pradesh which Is illegal, arbitrary and also against the Principal of Natural Justice and also Article 19, 21 and 300- A of the Constitution of India and consequently direct the respondents not to dispossess and interfere with the peaceful possessions and enjoyment of the petitioner's subject land to an extent Ac.0.50 cents and Ac.0.48 cents in survey number 73 of Padala Village, Tadepalligudem Mandal, West Godavari District, Andhra Pradesh and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is in peaceful possession and enjoyment of the land admeasuring to an extent of Ac.0.50 cents & Ac.0.48 cents in Sy.No.73 of Padala Village, Tadepalligudem Mandal. While so, the respondents are trying to dispossess the petitioner from the subject property. Hence, the present Writ Petition. 3 1 4. Learned Government Pleader for the respondents furnished written instructions dated 17.06.2025 issued by the 4'^ respondent, wherein it is stated as follows; / respectfully submit that, as the land in question is being “Gayalu” (i.e., Government Land) neither the petitioner nor the unofficial respondent respondent) have no right over the subject land. Hence, an eviction procedure has to be initiated as per the norms prescribed in the A.P. Land Encroachment Act, 1905. Hence, the petitioner has intentionally filed the present Writ Petition before this Court to avoid the due procedure prescribed in the aforementioned Act. ” 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the written instructions issued by the 4*^ respondent, it is observed that the subject land government land and neither the petitioner nor the unofficial respondents have right over the subject property. Therefore, the respondents are at liberty to proceed further and pass appropriate orders, in accordance with law. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. IS a 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel miscellaneous also stand closed. application, pending, if any, shall SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, Eluru, West Godavari District, Andhra Pradesh. 3. The Revenue Divisional Officer, Tadepalligudem, West Godavari District Andhra Pradesh. 4. The Tahsildar, Padala Village, Tadepalligudem Mandal, West Godavari District, Andhra Pradesh. 5. The Station House Officer, Padala Village, Tadepalligudem P.S., West Godavari District, Andhra Pradesh. 6. One CC to Sri Regulagadda Venkatesh, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb 1 HIGH COURT DATED:18/06/2025 ORDER WP.No.14453 of 2025 ^ 2 ii JUN 2025 In Cf> DISPOSING OF THE W.P. WITHOUT COSTS