APHC010310012025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) QMS MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15819 OF 2025 Between: 1. Bathena Chandrasekhar Reddy, S/o. Malla Reddy, Aged about 46 years, Occ: Agriculture, R/o. H.No.5/1281, Mahendra Nagar Proddutur town YSR Kadapa District. 2. Rachamallu Kiran Kumar Reddy, S/o. Rachamallu Siva Shankar Reddy, Aged about 59 years, Occ: Business Proddutur Mandal YSR Kadapa District. R/o. Dorasanapalle village ...Petitioners— AND 1. The Tahsildar, Proddutur Mandal YSR Kadapa District. 2. The Revenue Divisional Officer, Jammalamadugu YSR Kadapa District. 3. The District Collector, Kadapa, YSR Kadapa District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur 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 to declare the action of respondent No.1 in trying to dispossess the petitioners from the land extent Ac.3.63cts situated in Sy.Nos. 633-A, 633-B, 469-1, 469/4 and 469/4B of Choutupalle village, Bollavaram _ r revenue village, Proddutur mandal, YSR Kadapa District without following due process of law as arbitrary, illegal, violation of Principles of Natural Justice and contrary to the provisions under the A.P. Land Encroachment Act and also in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent No.1 not dispossess the petitioners from the land extent Ac.3.63cts situated in Sy.Nos. 633-A, 633-B, 469-1, 469/4 and 469/4B of Choutupalle village Proddutur mandal, YSR Kadapa District without following due process of law in the interest of justice. -- Bollavaram revenue village. lA NO: 1 OF 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 respondent No.1 not dispossess the petitioners from the land extent Ac.3.63cts situated in Sy.Nos. 633- A, 633-B, 469-1, 469/4 & 469/4B of Choutupalle village, Bollavaram revenue village, Proddutur mandal, YSR Kadapa District without following due process of law pending disposal of the writ petition in the interest of justice. Counsel for the Petitioners: SRI P. NAGENDRA REDDY^ Counsel for the Respondents: GP FOR REVENUE ^ The Court made the following order: APHC010310012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!¥i0 [3329] / MONDAY,THE .SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15819/2025 Between: ^ bath ENA CHANDRASEKHAR REDDY, S/0 MALLA REDDY AGED about 46YRS, OCC AGRICULTURE R/0 H.NO.5/1281, MAHENDRA nagar proddutur town ysr kadapa district 2.RACHAMALLU KIRAN KUMAR REDDY, S/O RACHAMALLU SIVA SHANKAR REDDY AGED ABOUT 59YRS, OCC BUSINESS R/0 pORASANAPALLE VILLAGE. PRODDUTUR MANDAL YSR KADAPA district ...PETITIONER(S) AND 1 the TAHSILDAR, proddutur MANDAL YSR KADAPA DISTRICT 2 the revenue divisional officer, JAMMALAMADUGU kadapa district 3 the district collector, kadapa. ysr kadapa district YSR 4 the state of ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, secretary, revenue DEPARTMENT, VELAGAPUDI. AMARAVATHI, GUNTUR 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, order or direction more particularly one in the nature of writ of Mandamus to declare the action of respondent No.1 in 2 trying to dispossess the petitioners from the land extent Ac.3.63cts situated in Sy.Nos. 633-A, 633-B, 469-1, 469/4 and 469/4B of Choutupalle village, Bollavaram revenue village, Proddutur mandal, YSR Kadapa District without following due process of law as arbitrary, illegal, violation of Principles of Natural Justice and contrary to the provisions under the A.P. Land Encroachment Act and also in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent No.1 not dispossess the petitioners from the land extent Ac.3.63cts situated in Sy.Nos. 633-A, 633-B, 469-1, 469/4 and 469/4B of Choutupalle village, Bollavaram revenue village, Proddutur mandal, YSR Kadapa District without following due process of law in the interest of justice. 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 respondent No.1 not dispossess the petitioners from the land extent Ac.3.63cts situated in Sy.Nos. 633- A, 633-B, 469-1, 469/4 & 469/4B of Choutupalle village, Bollavaram revenue village, Proddutur mandal, YSR Kadapa District without following due process of law pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner(S): 1.P NAGENDRA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2. The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15819/2025 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 respondent No. 1 in trying to dispossess the petitioners from the land extent Ac.3.63 cts situated in Sy.Nos.633-A, 633-B, 469-1, 469/4 and 469/4B of Choutupalle Village, Bollavaram Revenue Village, Proddutur Mandal, YSR Kadapa District without following due process of law as arbitrary, illegal, violation of Principles of Natural Justice and contrary to the provisions under the A.P. Land Encroachment Act and also in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent No. 1 not dispossess the petitioners from the land extent Ac.3.63 cts situated in Sy.Nos.633-A, 633-B, 469-1, 469/4 and 469/4B of Choutupalle Village, Bollavaram Revenue Village, Proddutur Mandal, YSR Kadapa District without following due process of law and pass such other order. ” 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 dispossess the petitioners from the subject property, without following due process of law. 3. Learned Assistant Government Pleader respondents furnished written instructions dated 07.07.2025 issued by the 1®‘ re'spprident, wherein it is stated as follows: for the 4 ‘It is submitted that, the petitioners have encroached the lands in Sy. No. 469/1 which is classified as Hill Stream and Sy.No. 469/4 classified as A.IA/, which objectionable Porambokes. are highly Further, the petitioners themselves admitted that, they have encroached the respondent No. 1 is process of law to land in Sy. No. 469/1 and 469/4 and trying to dispossess them without due the provisions under the A.P. Encroachment Act. IN this regard, notices are yet to be issued to the petitioners action regarding the above encroachments and further will be initiated duly following the due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents, if is observed that when the petitioners in settled possession and enjoyment of the subject cannot be dispossessed, without following due are property, they 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. i„ . Therefore, if the petitioners are in possession of the subject property respondents are directed not to dispossess the the petitioners from 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. 2004 (1) see 769 X- ■/ 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. //TRUE COPY// Sd/- N1 RAME^H^ABU deputy ^plSTRAR SECTION OFFICER To, 1. The Tahsildar, Proddutur Mandal YSR Kadapa District. 2. The Revenue Divisional Officer, Jammalamadugu YSR Kadapa District. 3. The District Collector, Kadapa, YSR Kadapa Districtf^ 4. The Principal Secretary Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.'^ 5. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] ^ 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUTT 7. Two CD Copies Cnr ». ». HIGH COURT DATED:07/07/2025 ORDER WP NO. 15819 OF 2025 0 2 SEP 2025 9 DISPOSING OF THE W.P. WITHOUT COSTS