APHC010308552025 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: 15376/2025 Between: 1. PANYAM HUSSENAIAH, S/O HUSSENAIAH, AGED ABOUT 54 YEARS, OCC AGRICULTURE, R/O DOOR NO. 7-1-795/4, MOHAMMAOD COLONY, REVENUE WARD NO.7, BUDWEL MANDAL, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT AT KADAPA 3. THE REVENUE DIVISIONAL OFFICER, BUDWEL, YSR KADAPA DISTRICT 4. THE TAHSILDAR, GOPAVARAM MANDAL, YSR KADAPA 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 a WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.4 in threatening to dispossess the petitioner from the peaceful possession and enjoyment of the house property bearing Door No.7-1-795/4, Mahammod Colony, Revenue Ward No.7, in an extent of Ac.0.03 Cents in Plot No.126, P.C.No.276/1420 and an extent of Ac.0.03 cents in Plot No. 133, P.C.No.278/1420 respectively 2 situated at Sy.No.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel Mandal, Kadapa District, without issuing any notice or opportunity of personal hearing or following the due process of law is questioned as the same is arbitrary, illegal, contrary to the well- established legal principles apart from being violative of fundamental and constitutional rights guaranteed under articles 14, 19, 21 and 300- A of the Constitution of India and consequently direct the Respondents, not to interfere with the petitioners peaceful possession and enjoyment of the subject house property in Sy.No.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel Mandal, Kadapa District and pass IA 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 Respondents, not to interfere with the petitioner’s peaceful possession and enjoyment of the subject house property bearing Door No.7-1-795/4, Mahammod Colony, Revenue Ward No.7, in an extent of Ac.0.03 Cents in Plot No. 126, P.C.No.276/1420 and an extent of Ac.0.03 cents in Plot No. 133, P.C.No.278/1420 respectively situated at Sy.No.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel Mandal, Kadapa District, pending disposal of the Writ petition before this Honhle court, and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15376/2025 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 Respondents herein particularly Respondent No.4 in threatening to dispossess the petitioner from the peaceful possession and enjoyment of the house property bearing Door No.7-1-795/4, Mahammod Colony, Revenue Ward No.7 in an extent of Ac.0.03 Cents in Plot No.126, P.C.No.276/1420 and an extent of Ac.0.03 cents in Plot No.133, P.C.No.278/1420 respectively situated at Sy.No.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel Mandal, Kadapa District, without issuing any notice or opportunity of personal hearing or following the due process of law is questioned as the same is arbitrary, illegal, contrary to the well established legal principles apart from being violative of fundamental and constitutional rights guaranteed under articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the subject house property in Sy.No.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel Mandal, Kadapa District 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 interfere with the peaceful possession and enjoyment of the petitioner over the subject property, without following due process of law. 4 3. Learned Assistant Government Pleader for the respondents furnished written instructions dated 25.06.2025 issued by the 4th respondent, wherein it is stated as follows: “The present petitioner herein has deposed in the affidavit that he was purchased the subject plots i.e., 126 & 133 from the original assignees by way of agreement sale deeds. During the enquiry, the original assignees i.e., Smt.Gopalamma & SmtY.Yellamma stated that they were not sold the subject plots to any one and also stated that Sri Chenchani Chinna Gurraiah S/o.Pitchaiah has sold the subject plots to the present petitioner without their consent and also put their signatures on the agreement deeds. While the matter stood thus, the present petitioner has constructed rooms over the subject plots and obtained property tax receipts as well as electricity meter connection even he has no title right over the subject plots except the agreement sale deeds executed by third person i.e., Chenchaani Gurraiah but not the assignees. It is further submitted that upon conducting detailed enquiry in this matter the 3rd respondent had passed orders vide Ref:E/15/2023, dated 10.03.2025 and directed the 4th respondent that to cancel the possession certificates filed by Sri Chenchaani Chinna Gurraiah (the subject plots i.e., 126 & 133 are also included) and regularize the D-forms filed by Sri Kommalapati Suresh Babu as they were issued to earlier than the possession certificates. But, the 4th 5 respondent not implemented the orders passed by the 3rd respondent so far. It is further submitted that, the present petitioner herein has approached the Hon’ble High Court with mere apprehensions only as the 4th respondent i.e., Tahsildar, Gopavram has never tried to dispossess the petitioner from the subject plots and it is also submit here that, if the 4th respondent needs to evict the petitioner then it will be done by following due process of law only.” 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.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property, except by following due process of law. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 1 2004 (1) SCC 769 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 3300..0066..22002255 TTPPSS 7 182 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:15376 of 2025 3300..0066..22002255 TTPPSS