r APHC010303162025 IN THE HIGH COURT OF ANDHRA PRADESHU AT AMARAVATI v (Special Original Jurisdiction). MONDAY,THE THIRTIETH DAY OF JUNE v" TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA V..- • WRIT PETITION NO: 15731 OF 2025 Between: M. B. Shiva Reddy, S/o. Venkata Reddy, Aged 59 years, R/o. D. No. 6-88A, Venkatampalli Village, Chennekottapalli Mandal, Sri Satya Sai District. , ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Revenue, A.P. Secretariat, Velagapudi, Guntur District. " 2. The District Collector, Puttaparthi, Sri Satya Sai District. 3. The Tahsildar, Chennekottapalli Mandal, Dharmavaramu, Sri Satya Sai District. 4. The Station House Officer, Chenne kotta Palli Police Station, Chenne Kotta Palli, Sri Satya Sai District. 5. Mannela SKyamala, W/o. Obilesh, Rural, Anantapuramu District Amaravathi, V- R/o. NTR Colony, Anantapuramu ...RESPONDENTS 'w- 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 the Respondents 3 to 5 in interfering into peaceful possession and enjoyment of land in Sy. No.508-3 an extent of Ac. 4.^ cents agriculture land in Puleti PalliS^lage, Chennekotta paHi Mandal, Satya District is arbitrary, illegal, null and void, unconstitutional and violation Art. 21, 300-A of constitution of India consequentially direct the Respondents not to interfere in to peaceful possession and enjoyment of the petitioners agriculture land in Sy. No.^8-3 an extent of Ac. aM cents agriculture land in Puleti Palli Village, Cherinekottq. palli Mandal, Satya Sai District. 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 3 t6 5 not to interfere in to the peaceful possession and enjoyment petitioner’s agriculture land in Sy. No.508-3 an extent of Ac. 4.94 cents Agriculture land in Puleti Palli \^age, Chennekotta Palli Mandal, Satya Sai District pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. E. ANJANA REDDY , ^ Counsel for the Respondent Nos.1 to 3:GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME Counsel for the Respondent No.5:— The Court made the following order: and r' APHC010303162025 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: 15731/2025 Between: 1.M B SHIVA REDDY, S/0. VENKATA REDDY, AGED 59 YEARS, R/0. D. NO. 6-88A, VENKATAMPALLI VILLAGE, CHENNEKOTTAPALLI MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, PUTTAPARTHI, DISTRICT. SRI SATYA SAI MANDAL, 3CHENNEKOTTAPALLI TAHSILDAR, DHARMAVARAMU, SRI SATYA SAI DISTRICT. 3.THE 4.THE STATION HOUSE OFFICER, CHENNE KOTTA PALLI POLICE STATION, CHENNE KOTTA PALLI, SRI SATYA SAI DISTRICT. 5.MANNELA SHYAMALA, W/O. OBILESH, ANANTAPURAMU RURAL, ANANTAPURAMU DISTRICT R/0. NTR COLONY, ...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 topleased to issue a Writ, order or direction more particularly one in NV,J W.P.No.l5731 of2025 the nature of Writ of Mandamus declarinr, th» ,■ 5 tn interfering into peaceful possesstn an^ ' R®^P°"dents 3 3 an extent of Ac 4 94 rpnt^ ■ ®'’J°y'tient of land In Sy No 508 ChenneKotta Palll Mandat Sa ya unconstitutional and violation 300 consequentially direct the Respondents not tl °f '^dia and :s;° nS^ ChenneKotta Rail! Mandal,s:;ts:S^^^^^^^^^^^^ ' jA NO: 1 OF 9n?5 Petition under Section 1'^1 rpn rT" "S"“s:r Counsel for the Petitioner; Pleased 1.E ANJANA REDDY Counseiforthe Respondent(S); 1GP FOR HOME to Village, and void, Village, pass 2 GP FOR REVENUE The Court made the following: 3 NV,J W.P.No.15731 of 2025 ' / THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15731 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief; 1. direction more particularly one in the declaring the action of the to issue a Writ, order or nature of Writ of Mandamus Respondents 3 to 5 in interfering into peaceful possession and enjoyment of land in Sy. No.508-3 an extent of Ac. 4.94 cents agriculture land in Puleti Palli Village, Chennekotta Palli Mandal, Satya Sai District is arbitrary, illegal, null and void, unconstitutional violation Art. 21, 300-A of constitution of India and and the Respondents not to interfere in to consequentially direct peaceful possession and enjoyment of the petitioners agriculture land in Sy. No.508-3 an extent of Ac. 4.94 cents agriculture land in Puleti Palli Village, Chennekotta Palli Mandal, Satya Sai District 2. Learned counsel for the petitioner submits that the petitioner was assigned land of an extent of Ac.4-94 cents in Sy.No.508-3, situated at Pulleti Palli Chennekotta Palli Mandal, Satya Sai District by way of DKT Patta Village, No.56/1408 dated 23.03.1999. The name of the petitioner was mutated in the records and pattadar passbooks were also issued in her favour. The petitioner has been in peaceful possession and enjoyment of the subject land without any interruption whatsoever. The petitioner submits that. Respondent revenue NVJ '^•P-No.l5731 of2025 Nos. 3 to 5 are trying to interfere into the peaceful Questioning the possession and enjoyment or fhe petitioner's subject land, the present writ action of Respondent Nos ■3 to 5, petition Is filed. 3- Learned Governm instructions dated Mandal \ ent Pleader for Revenue placed on record written Chennekottapalli - 46 cents of 30.06.2025 furnished stating that the land i hy the Tahslldar in Survey No. 136, extent Ac.81 Government Dry Assessed Pulletipalli village is classified Land and later as Waste (dotted) assigned the New ^°-508-3. an extent on, the land has been 507 to 526. got sub-divided Further, the land and Survey Nos. from of Ac.4-94 cents at the first Iinstance has been Ramachandrappa assigned In favour Sn Kammara Sathyam 12.07.1976 of one 108/1366 dated , s/o vide DAR DIs No. assignment has also and the details of 10-1 Chitta vide Kulam the been incorporated Iin No. 1133. This Officer assignment patta has been the Revenue cancelled by Divisional Mo.D,Dis.No.(B)/4676/83 No.508-3, favour of Sri Adi dated 16.06.1983. Chennekothapalli vide Dharmavaram vide his proceedings dated 18.03.1983. Later on, the land in Survey been assigned in an extent of Ac.4-94 cents of Pulletipalli village has Andhra Chennappa s/o Pothappa vide The assignment has DAR Dis. No. 165/1392 cancelled by the Tahsildar also been proceedings R.Dis.No.804/1398 to the Government B. Shiva Reddy dated 22.02.1999. again been resuming the land favour of Sri M. After assigned in vide DAR Dis.No.56/1408 the land has s/o Venkata Reddy vi NV,J W.P.No.l5731 of2025 dated 23.03.1999 and accordingly he has also obtained the pattadar books vide 1-B Khata No.622 of Pulletipalli village of Chenne Kothapalli Mandal, Sri Sathya Sai District. While so, the land is being cultivated by Sri M.B. Shiva Reddy and at present the Groundnut crop existing on the ground. Further, no interference took place in peaceful possession of the petitioner. Further, Sri M.B. Shiva Reddy, s/o Venkata Reddy has filed a civil suit in O.S.No.518 of 2024 on the file of the Junior Civil Judge Court, Dharmavaram and it is pending for adjudication. Further, it is submitted that the respondents did not interfere into the possession and enjoyment over the subject land in any manner and requested to dismiss the writ petition. pass 4. 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 her land without following due process of I I law. 5. Learned Assistant Government Pleader for Revenue submits that, the respondents would follow due process of law and requested to pass appropriate orders. 6. Fleard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. NV,J W.P.No.l5731of2025 7. When the petitioner is in settled possession and he cannot be dispossessed, law declared by the Apex M.Varadappa Naidu (Dead) possession of the subject dispossess the petitioner from enjoyment of the property, process of law in view of the (dead) by L.Rs. v. Therefore, if the petitioner is in without following due Court in “Rame Gowda by L.Rs. ^ ”, property, the respondents the subject property, except by due are directed not to process of law. 8. With the above direction, the writ petition i admission with the consent of both the IS disposed of at the stage of counsel. No costs. 9. Consequently, miscellaneous closed. petitions pending, if any, shall also Stand 2004 (1) see 769 // SEeTlON OFFieER //TRUE COPY// To, 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. District Collector, PuttapartK"Sri Satya 3. The Tahsildar, Chennekottap^UMVIandal 2. The Sai District. Dharmavaramu, Sri Satya Sai District. 4. The Station House Officer, Chenne kotta^falii police station, kotta Palli, Sri Satya Sai District. 5. One CC to M/s. E. Anjan^Redd^^, Advocate [OPUCJ 6. Two CCS to GP for Horn|;+ligh Court ofAndhra Pradesh [OUT] 7. Two CCs to GP for Revenue 8. Two CD Copies. Chenne High Court of Andhra Pradesh [OUT] ssb HIGH COURT sa* DATED:30/06/2025 \ ORDER WP No.15731 OF 2025 g( 10 SEP 2025 VniairrwlStcljeii^'^ lO ; ■ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS