APHC010299772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15245 OF 2025 Between: Gundam Venkata Reddy, S/o. Late Atchi Reddy, Aged 42 years, Occ- R/o. D.No.3-18, Lingamukkapalli, Chintala Cheruvu Cultivation, Village, Nuzendia Mandal, Palnadu District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Palanadu District, Narasarapet. 3. The Tahsildar, Nuzendia Mandal Palanadu District. 4. The Mandal Parishad Development Officer, Nuzendia Mandal, Palanadu District. 5. The SHO, Inavolu Police Station, Palanadu District. 6. The Village Revenue Officer, Chintala Cheruru Village, Nuzendia Mandal, Palanadu District. 7. The Lingamukkapalle Gram Panchayat, Rep., by its Panchayat Secretary, Nuzendia Mandal, Palanadu 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents no. 2 to 7 in resorting to dispossess the petitioner from his land in Sy.No. 376/2D admeasuring Ac.0-55 cents situated in Chintala Cheruvu Village, Nuzendia Mandal, Palanadu District, without issuing any notice, opportunity and enquiry and without following the due process of law as being illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from his 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 respondent Nos. 2 to 7 not to interfere with the peaceful possession and enjoyment of the petitioner land in Sy.No. 376/2D admeasuring Ac.0-55 cents situated in Chintala Cheruvu Village, Nuzendia Mandal, Palanadu District. Counsel for the Petitioner: SRI G VENKATA REDDY Counsel for the Respondent Nos. 1 to 4 and 6:GP FOR REVENUE Counsel for the Respondent No. 5: GP FOR HOME Counsel for the Respondent No. 7: SRI M SUDHIR SC FOR ZPP, MPP AND GP The Court made the following order: tv, APHC010299772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15245/2025 Between; 1.GUNDAM VENKATA REDDY,, S/0. LATE ATCHI REDDY, AGED 42 YEARS, OCC- CULTIVATION, R/0. D.NO.3-18, LINGAMUKKAPALLI, CHINTALA CHERUVU VILLAGE, NUZENDIA MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., SECRETARY, REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. BY ITS PRINCIPAL SECRETARIAT 2.THE DISTRICT COLLECTOR, PALANADU DISTRICT, NARASARAPET. 3.THE TAHSILDAR, NUZENDIA MANDAL PALANADU DISTRICT. 4.THE MANDAL PARISHAD DEVELOPMENT OFFICER, NUZENDIA MANDAL, PALANADU DISTRICT. 5.THE SHO, INAVOLU POLICE STATION, PALANADU DISTRICT. 6.THE VILLAGE REVENUE OFFICER, CHINTALA CHERURU VILLAGE, NUZENDIA MANDAL, PALANADU DISTRICT. 7.THE LINGAMUKKAPALLE GRAM PANCHAYAT, REP., BY ITS PANCHAYAT SECRETARY, NUZENDIA MANDAL, PALANADU DISTRICT. ...RESPONDENT(S): 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 tomay be pleased to issue a writ, order or direction more particularly the nature of Writ of Mandamus declaring the action of respondents one in no. 2 to 7 in resorting to dispossess the petitioner from his land in Sy.No. 376/2D admeasuring Ac.0-55 cents situated in Chintala Cheruvu Village, Nuzendia Mandal, Palanadu District, without issuing any notice, opportunity and enquiry and without following the due process of law., as being illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from his aforesaid land., and pass 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 may possession and admeasuring Ac.0-55 cents situated in Chintala Cheruvu Village, Nuzendia Mandal, Palanadu District., and pass lA NO: 2 OF 2025 be to direct the respondent Nos. 2 to 7 not to interfere with the peaceful enjoyment of the petitioner land in Sy.No. 376/2D 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 may be pleased to allow the additional affidavit and admit the documents referred to in the affidavit and pass Counsel for the Petitioner: 1.G VENKATA REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15245/2025 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 respondents Nos. 2 to 7 in resorting to dispossess the petitioner from his land in Sy.No.376/2D admeasuring Ac.0.55 cents situated in Chintala Cheruvu Village, Nuzendia Mandal, Palanadu District, without issuing any notice, opportunity and enquiry and without following the due process of law as being illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from his 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. Learned Assistant Government Pleader for the respondents furnished written instructions dated 28.06.2025 issued by the 3’’^ respondent, wherein it is stated as follows: “After re-survey the said extent i.e., Ac.2.21 cents in Sy.Nos.376/2D and 376/1-B1 were correlated as LPM No. 1622 and also updated In webland adangal in favour 4 >#’ of the petitioner’s father Sri Gundam Atchi Reddy S/o.Pedda Venkat Reddy with Khata No. 93. After the demise of Sri Gundam Atchi Reddy S/o. Pedda Venkat Reddy on 11.07.2024 the said land is in the possession and enjoyment of his legal heirs without any Interruption. It is submitted that the respondent Nos.2 to 7 are never trying to dispossess the petitioner and trying to interfere with the peaceful possession and enjoyment of the petitioner land in Sy.No.376/2D admeasuring Ac.0.55 cents situated in Chintala Cheruvu Village, Nuzendia Mandal In any manner as the claimed land Is patta land and cultivable agricultural land. ” 4. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by 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 L.Rs/”. 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. 2004 (1) see 769 5 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. Sd/-SHA1K MOHO rah assistant REGISTRAK SECTION OFFICER //TRUE COPY// To Principal Secretary, Revenue Department, State of Andhra Secretariat Buildings, Velagapudi, Amaravathi, 1. The Pradesh, District. 2. The District Collector, Palanadu District, Narasarapet, 3. The Tahsildar, Nuzendia Mandal Palanadu District. 4. The Mandal Parishad Development Officer, Nuzendia Mandal Guntur Palanadu District. 5. The SHO, Inavolu Police Station, Palanadu District. 6. The Village Revenue Officer, Chintala Cheruru Village, Mandal, Palanadu District. 7. The Panchayat Secretary, Lingamukkapalle Gram Panchayat, Nuzendia Nuzendia Mandal, Palanadu District. 8. One CC to Sri. G Venkata Reddy Advocate [OPUC] 9. One CC to Sri. M Sudhir SC for ZPP, MPP and GP [OPUC] Two CCs to GP for Home High Court of Andhra Pradesh [OUT] GP for Revenue, High Court of Andhra Pradesh 10. Two CCs to 11. [OUT] Three CD Copies 12. GSC HIGH COURT DATED:30/06/2025 ORDER WP NO. 15245 OF 2025 anoh^ X 21 m 2025 % *2-^ Current Section ^ ^^£eepATCv^ ' DISPOSING THE WP WITHOUT COSTS