APHC010295662025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) r MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14595 OF 2025 Between: 1. Avula Gurava Reddy, S/o. Gurava Reddy, Aged About 75 Years, R/0. Perimidi Village Balayapalli Mandal, Tirupathi District. 2. Avula Lakshmamma,, W/o. Gurava Reddy, Aged About 70 Years, R/0. Perimidi Village Balayapalli Mandal, Tirupathi District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Guntur District. 2. The Collector and District Magistrate, Tirupati District, Tirupati, Andhra Pradesh. 3. The Revenue Divisional Officer, Gudur Revenue Tirupati District. 4. The Tahsildar, Balayapalli Mandal, Tirupati District. 5. The Social Forest officer, Naidupeta Branch Office, Tirupati District. 6. The Village Revenue Officer, Perimidi Gram Panchayath Mandal, Tirupati District. Division, Gudur Balayapalli ...Respondents Petition under Article 226 of the Constitution of India praying that in the arcumstances 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 agricultural lands in survey survey No. 249-1K for an extent of trying tp dispossess the petitioners from their 4 N0.249-1C for an extent of Ac. 2.00 cents Ac. 1.00 cents and survey No. 249-ID for an extent of 3.00 cents, total extent of Ac.6.00 cents of Perimidi Village, Balayapalli without issuing any prior notice or without having any right and title over the subject lands or without following the due procedure of illegal, arbitrary and violation of Article 14, 21 and 300A of the Constitution India and consequently direct the respondents to unblock Revenue the lands in survey No.249-1C for an extent of Ac. 2.00 cents, survey No.249- 1 K for an extent of Ac. 1.00 cents and survey No. 249-ID for an extent of 3.000 cents, total extent of Ac.6.00 cents of Perimidi Village Mandal, Tirupati District from online web. Mandal, Tirupati District law, which is highly of records of Balayapalli lA NO: 1 OF 202fi 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 interfere with the peaceful possession and enjoyment of agriculture lands which were located in survey No.249-1C for an extent of Ac. 2.00 cents survey No.249-1 K for an extent of Ac. 1.00 cents and survey No. 249-ID for an extent of 3.000 cents, the total extent of Ac.6.00 cents in Perimidi Village, Balayapalli Mandal, Tirupati disposal of the above writ petition. District, pending Counsel for the Petitioners: SRI PATHI SIVA PRASAD Counsel for the Respondent Nos.1 to 4 & 6: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR FOREST The Court made the following order: APHC010295662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14595 OF 2025 Between: Avula Gurava Reddy and Another ...PETITIONER(S) AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitloner(S): 1. PATH I SIVA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: «Sr, THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA r WRIT PETITION NO: 14595 OF 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:- “ 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 petitioners from their agricultural lands in survey No 249-1C for an extent of Ac.2.00 cents, survey No.249-1K for an extent of Ac. 1.00 cents and survey No.249-ID for an extent of 3.00 cents, total extent of Ac. 6.00 cents of Perimidi Village, Balayapalli Mandat, Tirupati District, without issuing any prior notice or without having any right and title over the subject lands or without following the due procedure of law which is highly illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to unblock Revenue records of the lands in survey No.249-1C for an extent of Ac.2.00 cents survey No.249-1K for an extent of Ac.1.00 cents and survey No.2491D for an extent of 3.000 cents, total extent of Ac. 6.00 cents of Perimidi Village, Balayapalli Mandal, Tirupati District from online web and pass such other order...” 2. Though the petitioners made several allegations in the writ affidavit filed along with the writ petition, the truth or otherwise in those allegations need not be adjudicated by this Court, in view of the submission made by the learned Assistant Government Pleader for Revenue that the respondent 5 authorities will follow due process of law. 3. It is settled law that a person in settled possession cannot be dispossessed forcibly as held in Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr\ Ram Rattan v. State of Uttar Pradesh^ and ‘ AIR 2004 SC 4609 Munshi Ram v. Delhi Administration^, wherein the Supreme Court held as follov\/s:- “...to forcibly dispossess citizens of their private property, without following the due process of law, would be to violate a human right, as also the constitutional right under Article 300A of the Constitution. ” 4. Hence, recording the submission of the learned Assistant Government Pleader for Revenue and in view of the judgments of Apex Court referred above, the respondents are directed not to dispossess the petitioners. except by due process of law. 5. With the above direction, this Writ Petition is disposed of, at the stage of admission, with the consent of both the counsel. However, this order will not preclude the respondents to take appropriate steps in accordance with law. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. 1975 AIR 1674 = 1975 SCR 299 1968 AIR 702 = 1968 SCR (2) 408 3 Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Department, Velagapudi, Guntur District. 2. The Collector and District Magistrate, Tirupati District, Tirupati, Andhra Pradesh. 3. The Revenue Divisional Officer, Gudur Revenue Division, Gudur, Tirupati District. To, Revenue 4. The Tahsildar, Balayapalli Mandal, Tirupati District. 5. The Social Forest officer, Naidupeta Branch Office, Tirupati District. 6. The Village Revenue Officer, Perimidi Gram Panchayath, Balayapalli Mandal, Tirupati District. 7. One CC to SRI. PATHI SIVA PRASAD, Advocate [OPUC] 8. Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR FOREST, High Court of Andhra Pradesh [OUT] Two CD Copies 10. sree HIGH COURT DATED:23/06/2025 ORDER WP NO. 14595 OF 2025 > I 1 n JUL 2025 I . Current Section DISPOSING OF THE W.P. WITHOUT COSTS