44 APHC010306002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) h? MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE '1 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15317 OF 2025 Between: 1. Smt Pola Uma Devi, W/o Balakrishna, Aged about 38 years, Occ. Coolie, Resident of D.No.2/481, Krishna Nagar, T.Sundupalli village and Mandal, YSR Kadapa District. 2. Smt. Palem Chittemme, W/o Doraswamy, Aged about 44 years, Occ. Resident of Kammaguttapalli H/o Peddapalli village, T.Sundupalli Mandal, YSR Kadapa District. Coolie, 3. Smt. M.Nagarni, W/o Hari Prasad, Aged about 38 years, Occ. Coolie, Resident of D.No.2-477, Krishna Nagar, Mandal, YSR Kadapa District. 4. Smt. Kalahasthi Lakshmi Devi, W/o Siva Prathapa Chary, Aged about 38 years, Occ. Coolie, T.Sundupalli village and Resident of D.No. 12/49, Beripalli H/o Besthapaili village, Peddinenikalva Post, T.Sundupalli Mandal, YSR Kadapa District. 5. Smt. Nagulapati Sireesha, W/o Subbarayudu, Aged about 24 years, Occ. Coolie, Resident of Diguvamadigapalli H/o T.Sundupalli Village and Mandal, YSR Kadapa District. 6. Smt. Gunde Amaravathi, W/o Subba Ramu, Aged about 44 years, Occ. Coolie, Resident of Peddannagaripalli village, YSR Kadapa District. T.Sundupalli Mandal, 7. Smt. S.Masthan Bee, W/o Basha, Aged about 52 years, Occ. Coolie, Resident of Mekala Veedhi, T.Sundupalli Village, T.SundupalH Mandal, YSR Kadapa District. 8. Smt. Kandukuru Anasuya, W/o Subbarayudu Achary Aged about 38 years, Occ. Coolie Resident of D.No.1/93, Vinayaka Nagar T.Sundupalli Village 85 Mandal, YSR Kadapa District. 9. Smt. Dabili Chelamma, W/o Ramanaiah, Aged about 45 years, Occ. Coolie, Resident of D.No.30-111, Madigapalli Village, T.Sundupalli Mandal, YSR Kadapa District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rajampet, Annamayya District. 4. The Tahsildar, T.Sundupalli Mandal, Annamayya District. 5. The Sub Inspector of Police, T.Sundupalli Mandal, Annamayya 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in removing the foundation and semi constructions laid by the petitioners in their respective House site plots bearing Patta Nos. KAD00206508,KAD00838537, KAD00215693, KAD00207853, KAD00838500 KAD00425165 KAD00882223, KAD00192970 and KAD00250419 for Plot Nos. 9, 10, 17, 19, 22, 31, 50, 51 and 53 in Sy.No.584, situated in T.Sundupalli Village and Mandal, YSR Kadapa District for an extent of 72.6 sq. yards without issuing any notice or without cancelling the said pattas is illegal, arbitrary. highhanded and violation of Article 19,21 and 300-A of Constitution of India and consequently direct the 4th respondent not to interfere with the construction of residential Houses by the petitioners in their respective plots. 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 4th respondent not to interfere with the construction of residential Houses belonging to the petitioners bearing House Site Patta Nos. KAD00206508, KAD00838537, KAD00215693, KAD00207853, KAD00838500, KAD00425165, KAD00882223, KADOO192970 and KAD00250419 for Plot Nos. 9, 10, 17, 19, 22, 31,50, 51 and 53 in Sy.No.584, situated in T.Sundupalli Village and Mandal, YSR Kadapa District for an extent of 72.6 sq. yards, pending disposal of the Writ petition before this Honourable court. Counsel for the Petitioners: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No. 5: GP FOR HOME The Court made the following order: APHC010306002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] iJ-i • k7. MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15317/2025 Between: 1.POLA UMA DEVI, W/0 BALAKRISHNA, AGED ABOUT 38 YEARS, RESIDENT OF D.NO.2/481, KRISHNA NAGAR, T.SUNDUPALLI VILLAGE AND MANDAL, YSR KADAPA DISTRICT. 2.SMT. PALEM CHITTEMME, W/0 DORASWAMY, AGED ABOUT 44 YEARS, OCC. COOLIE, RESIDENT OF KAMMAGUTTAPALLI H/0 PEDDAPALLI VILLAGE, T.SUNDUPALLI MANDAL, YSR KADAPA DISTRICT. OCC. COOLIE 3.SMT. M.NAGARNI, W/0 HARI PRASAD, AGED ABOUT 38 YEARS OCC. COOLIE RESIDENT OF D.NO.2-477, KRISHNA NAGAR, T.SUNDUPALLI VILLAGE AND MANDAL, YSR KADAPA DISTRICT. 4.SMT. KALAHASTHI LAKSHMI DEVI, W/0 SIVA PRATHAPA CHARY, AGED ABOUT 38 YEARS, OCC. COOLIE, RESIDENT OF D.NO. 12/49, BERIPALLI H/0 BESTHAPALLI VILLAGE, PEDDINENIKALVA POST, T.SUNDUPALLI MANDAL, YSR KADAPA DISTRICT. 5.SMT. NAGULAPATI SIREESHA, W/0 SUBBARAYUDU ABOUT 24 YEARS, OCC. COOLIE DIGUVAMADIGAPALLI H/0 T.SUNDUPALLI VILLAGE AND MANDAL, YSR KADAPA DISTRICT. 6.SMT. GUNDE AMARAVATHI, W/0 SUBBA RAMU, AGED ABOUT 44 YEARS, OCC. COOLIE, RESIDENT OF PEDDANNAGARIPALLI VILLAGE, T.SUNDUPALLI MANDAL, YSR KADAPA DISTRICT. 7.SMT. S.MASTHAN BEE, W/0 BASHA, AGED ABOUT 52 YEARS, OCC. COOLIE, RESIDENT OF MEKALA VEEDHI, T.SUNDUPALLI AGED RESIDENT OF 2 VILLAGE, T.SUNDUPALLI MANDAL, YSR KADAPA DISTRICT. 8.SMT. KANDUKURU ANASUYA, W/0 SUBBARAYUDU ACHAIY AGED ABOUT 38 YEARS, OCC. COOLIE VINAYAKA NAGAR, KADAPA DISTRICT. RESIDENT OF D.NO.1/93, T.SUNDUPALLI VILLAGE 85 MANDAL, YSR 9.SMT. DABILI CHELAMMA, W/0 RAMANAIAH AGED ABOUT 45 YEARS, OCC. COOLIE, RESIDENT OF D.NO.30-111, MADIGAPALLI VILLAGE, T.SUNDUPALLIMANDAL,YSR KADAPADISTRICT. ...PETmONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF REVENUE, SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATHI. 2.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3.THE REVENUE DIVISIONAL OFFICER, RAJAMPET, ANNAMAYYA DISTRICT. 4.THE TAHSILDAR, T.SUNDUPALLI MANDAL, DISTRICT. ANNAMAYYA 5.THE SUB INSPECTOR OF POLICE, T.SUNDUPALLI MANDAL, ANNAMAYYA 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 topleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in removing the foundation and semi constructions laid by the petitioners in their respective House site plots bearing Patta Nos. KAD00206508,KAD00838537, KAD00215693, KAD00207853, KAD00838500 KAD00425165, KAD00882223, KAD00192970 and KAD00250419 for Plot Nos. 9, 10, 17, 19, 22, 31, 50, 51 and 53 in Sy.No.584, situated in T.Sundupalli Village and Mandal, YSR Kadapa District for an extent of 72.6 sq. yards without issuing any notice or without cancelling the said pattas is illegal, arbitrary, highhanded and violation of Article 19,21 and 300-A of Constitution of India 3 and consequently direct the 4th respondent not to interfere with the construction of residential Houses by the petitioners in their respective plots 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 pleased to direct the 4th respondent not to interfere with the construction of residential Houses belonging to the petitioners bearing House Site Patta Nos. KAD00206508, KAD00838500, KAD00250419 for Plot Nos. 9, 10, 17, 19, 22, 31,50, 51 and 53 in Sy.No.584, situated in T.Sundupalli Village and Mandal, YSR Kadapa District for extent of 72.6 sq. yards, pending disposal of the Writ petition before this Honourable court, and pass Counsel for the Petitioner(S): 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: KAD00838537, KAD00215693, KAD00207853, KAD00425165, KAD00882223, KADOO192970 and an 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15317/2025 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 the 4"’ respondent in removing the foundation and semi constructions laid by the petitioners in their respective House site plots bearing Patta Nos.KAD00206508 KAD00838537, KAD00838500, KAD00192970 and KAD00250419 for Plot Nos.9, 10, 17, 19, 22, 31, 50, 51 and 53 in Sy.No.584 situated in T.Sundupalll Village and Mandal, YSR Kadapa District for an extent of Ac. 72.6 sq. yards without issuing any notice or without cancelling the said pattas is illegal, arbitrary, highhanded and violation of Article 19, 21 and 300-A of Constitution of India and consequently direct the 4 respondent not to interfere with the construction of residential Houses by the petitioners in their respective plots and pass such other order. ’’ KAD00215693, KAD00425165, KAD00207853, KAD00882223, th 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the construction of the residential houses by the petitioners in their respective subject plots, without following due process of law. 3. Learned Assistant Government Pleader for the respondents furnished written instructions dated 28.06.2025 issued by the 4*^ respondent, wherein it is stated as follows: / submit thdt, us por the instructions of the Government of Andhra Pradesh in the year 2025 regarding house site pattas, which were given earlier are being re- verified. Once these get re-verified and as per the instructions of the higher officials, If any beneficiary found ineligible for house site patta action will be initiated as per due procedure. I also submit that at present the 4^^ respondent Tahsildar T.Sundupalll and staff never Interfere In the possession of the house site pattas site which given to the petitioner and 8 others in Sy.No.584 of T.Sundupalli Village and Mandal.” 4. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by the learned Assistant Government Pleader for respondents, it is observed that when the petitioners are in settled possession and enjoyment of the subject properties, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by L.Rs.^’’. Therefore, if the petitioners are in possession of the subject property, the respondents directed not to interfere with the construction of the houses by the petitioners in their respective subject plots, except by following due process of law. It is needless to observe that the IS re., were the are residential 2004 (1) see 769 1—? 6 petitioners are entitled to carryout the building construction after obtaining proper permission from the Gram Panchayat for their subject lands. 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/- P. VINOD KUMAR ASSISTAI^I REGiSTRAR //TRUE COPY// SECtlDN OFFICER To, 1. The State of Andhra Pradesh, Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rajampet, Annamayya District. 4. The Tahsildar, T.Sundupalli Mandal, Annamayya District. 5. The Sub Inspector of Police, T.Sundupalli Mandal, Annamayya District. 6. One CC to Sri. Vutupalli Rajanna Advocate [OPUC] 7. Two CCs to GP for Home High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 9. Three CD Copies GSC ii HIGH COURT DATED:30/06/2025 s^wahds^ ORDER WP NO. 15317 OF 2025 g 0 6 AUG 20?5 gj Current Section DISPOSING THE WP WITHOUT COSTS