\ ; APHC010303562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS r |P>«| lT! MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15723 OF 2025 Between: Mamillapalli Ramanaiah, S/o. Chinna Chandraiah, aged about 51 years, Occ Cultivation, R/o. Goginenivari Palem, Kondepi Mandal, Prakasam District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principle Secretary, Revenue Department, A.P. Secretariat, Amaravathi, Guntur District. 2. The District Collector, Ongole, Prakasam District. 3. The Revenue Divisional Officer, Ongole, Prakasam District 4. The Tahsildar, Kondepi Mandal, Prakasam District. 5. The Kondepi Gram Panchayathi, rep. by it's Panchayat Secretary, Kondepi Village and Mandal,Prakasam District. 6. Smt Shaik Jameela, W/o. Shaik Kareemula, aged about 40 years, Occ Cultivation, R/o. Kondepi Gadiyaram Vari Khandrika Village Kondepi, Kondepi Mandal, Prakasam District. 7. Smt P Ramanamma, W/o. P.Bramaiah, aged about 50 years, Occ Cultivation, R/o. Kondepi Gadiyaram Vari Khandrika Village Kondepi, Kondepi Mandal, Prakasam 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 that the action of the 4th Respondent along with 5th Respondent and their subordinate officer herein in taking steps to evict/dispossess the Petitioner from his land admeasuring to an extent of Ac. No. 0.21 cents in Sy. No. 76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District at the behest and influence of the Respondent Nos. 6 AND 7 without following the procedure under law as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural Justice and affected my rights guaranted under Articles 14, 15, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere/not take any Coercive steps with petitioner's possession and enjoyment of Ancestral Agricultural land admeasuring to an extent of Ac. No. 0.21 cents in Sy. No. 76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District. lA NO: 1 OP 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to interfere/not take any Coercive steps with petitioner's possession and enjoyment of Ancestral Agricultural land admeasuring to an extent of Ac. No. 0.21 cents in Sy. No. 76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District forthwith pending disposal of the above writ petition. Counsel for the Petitioner; SRI SHAIK MEERAVALI Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI M. SUDHIR (SC FOR MPP, ZPP) Counsel for the Respondents No.6,7: The Court made the following order: St APHC010303562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS r pc-il UT [3329] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15723/2025 Between: 1.MAMILLAPALLI RAMANAIAH, S/0. CHINNA CHANDRAIAH, AGED ABOUT 51 YEARS, OCC CULTIVATION, PALEM, KONDEPI MANDAL, PRAKASAM DISTRICT. R/0. GOGINENIVARI ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY REVENUE DEPARTMENT, A.P. SECRETARIAT GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT, 4.THETAHSILDAR, KONDEPI MANDAL, PRAKASAM DISTRICT. AMARAVATHI 5.THE KONDEPI GRAM PANCHAYATHI, REP. BY IT'S PANCHAYAT KONDEPI VILLAGE AND MAN DAL, PRAKASAM SECRETARY, DISTRICT. 6.SMT SHAIK JAMEELA, W/0. SHAIK KAREEMULA, AGED ABOUT 40 YEARS, OCC CULTIVATION, R/0. KONDEPI GADIYARAM VARI KHANDRIKA VILLAGE KONDEPI, KONDEPI MANDAL, PRAKASAM DISTRICT. 7.SMT P RAMANAMMA, W/0. P.BRAMAIAH, AGED ABOUT 50 YEARS, OCC CULTIVATION, R/O. KONDEPI GADIYARAM VARI KHANDRIKA NV,J ^ W.P.No.15723 of 2025 VILLAGE KONDEPI, KONDEPI MANDAL PRAKASAM 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 mav hp Re,nn T , ■ ‘l®'=l3ring that the action of the 4th Re pendent aiong wrth 5th Respondent and their subordinate officer herL in taking steps to evrct/dispossess the Petitioner from his iand admeasuring to Kor^depr Gadryaram Van Khandrika Viiiage, Kondepi Mandal Prakasam District at the behest and influence of the Respondent Nos. 6 AND 7 without 0 owing the procedure under iaw as whoiiy arbitrary, iiiegal, 11'! junsdiction and void and violated the principles of natural Justice and affected Constitu ion of India and consequently direct the Respondents not to interfere/not take any Coercive steps with petitioner's possession and enjoyment of Ancestral Agricultural land admeasuring to 0.21 cents in Sy. No. 76/IB (Near Door No. Khandrika Village, Kondepi Mandal, Prakasam of an extent of Ac. No. 10-48) of Kondepi Gadiyaram Vari ' District and to pass lA NO: 1 OF 20?.*^ in fhe^affiH°" ■i'n I' circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased P eased to direct the Respondents not to interferLot take any CoeSve steps with petitioner's possession and enjoyment of Ancestral Agricultural tend admeasuring to an extent of Ac. No. 0.21 cents in Sy. No 76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Ullage Kondep! pemion and ot pas" Counsel for the Petitioner: 1.SHAIKMEERAVALI Counsel for the Respondent(S): 1.GP FOR REVENUE 3 NV,J W.P.No.15723 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15723 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India claiming the following relief; 1. to issue a writ, order or direction more particularly one in the nature action of the 4th of Writ of Mandamus declaring that the Respondent along with 5th Respondent and their subordinate officer herein in taking steps to evict/dispossess the Petitioner from his land admeasuring to an extent of Ac. No. 0.21 cents in Sy. No. 76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District at the behest and influence of the Respondent Nos. 6 AND 7 without following the procedure under law as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural Justice and affected my rights guaranted under Articles 14, 15, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere/not take any Coercive steps with petitioner's possession and enjoyment of Ancestral Agricultural land admeasuring to an extent of Ac. No. 0.21 cents in Sy. No. 76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika Village, Kondepi Mandal, Prakasam District” 2. Learned counsel for the petitioner submits that the petitioner is possessor and enjoyer of land of an extent of Ac.0-21 cents in Sy.No.76/IB (Near Door No. 10-48) of Kondepi Gadiyaram Vari Khandrika village, Kondepi owner 4 NVJ ^ ^■PNo.l5723of2025 Mandal, Prakasam District. records and The name of the pessbooks petitioner revenue was mutated in tne pattadar also issued in h/s favour. enjoyment of the petitioner has been i Without any interruption No.4 IS petitioner’s The in peaceful possession whatsoever. The and subject land petitioner submits that, Respondent tn^ipg to interfere i subject land, present writ petition is fifed. into the peaceful Questioning the i possession and eni enjoyment of the taction of Respondent No.4, the Learned Government Pleader by the Tahsiidar bated 23.06.2025, 's the pattadar and the subject land i or staff on 18.06.2025 h/m from the land wi ’'dependent petitioner’s land, enjoyment for Revenue placed instructions furnished on record written Prakasam District in Kondepi Mandal wherein it i and his name v Rc.Dt/129/2025 's submitted that. i-ecords, the petitioner i as per the as pattadar in state that of the petitioner process of law. It is was recorded Khata No. 972 's a pattaland. It iIS utter false to went to the subject land the respondents and tried to^vacate without following due submitted that the 4*1’ enjoyment of the into the never interfered Further, Respondent over the subject land i with Respondent Nos. restraining orders against the V'' with the possession not interfere and if liberty to against them. Instead and No.4 did possession and the petitioner has in any manner ^ & 7, he has any grievance approach the Civil Courts doing so. and obtain aiaking false of averments respondent and other 5 NV,J W.P.No.15723 of 2025 government officials, filed the present writ petition with unclean hands and suppressive facts. 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 his land without following due process of^ 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. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. 7. When the petitioner is in settled possession and enjoyment of the 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. 1 ” . Therefore, if the petitioner is in possession of the subject property, the respondents are directed hot to dispossess the petitioner from the subject property, except by due process of law. 2004(1) see 769 6 NV,J W.P.No.15723 of 2025 8. With the above direction admission with the consent of both the writ petition iIS disposed of at the stage of the counsel. No costs. 9- Consequently, miscellaneous closed. petitions pending, if any, shall also stand Sd/- G. HELA NAIDU ASSISTANT REGISTRAR \ //TRUE COPY// To, SECTION OFFICER 1. Principal Sepreta^, state Of Andhra Pradesh A.P. Secretariat, Amqravathi, 2. The District Collector, 3. The Revenue Divisional Officer, 4. The Tahsildar, Kondepi Mandal, Partchayat Secretary, Kondepi Mandal, Prakasam District. Revenue Department, Guntur District. Ongole, Prakasam District. Ongole, Prakasam District, Prakasam District. Gram Panchayathi, Kondepi Village 5. The and 6. Smt Shaik Jameela Cultivation, W/o. Shaik Kareemula, R/o. Kondepi Gadiyaram Kondepi Mandal, Prakasam District. aged about 40 Vari Khandrika Village years, Occ Kondepi, Smt P Ramanamma Cultivation W/o. P.Bramaiah R/o. Kondepi Gadiyaram Kondepi Mandal, Prakasam District. aged about 50 Vari Khandrika Village years, Occ Kondepi, 8. One CC to SRI, SHAIK MEERAVALI 9. Two CCs to GP FOR REVENUE, lO.OneCCto SRI. M. 11. Two CD Copies . Advocate fOPUC] High Court of Andhra Pradesh SUDHIR, Advocate (SC FOR [OUT] 2PP, MPP)[OPUC] '3» HIGH COURT DATED:30/06/2025 5 3 (I AUG 2()?5 S ORDER WP NO. 15723 OF 2025 ^ . Current Section . ^^£^SPaTCH€5-^ DISPOSING OF THE WP WITHOUT COSTS