- \ APHC010310722025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) , ^ MONDAY,THE THIRTIETH DAY OF JUNEv^ TWO THOUSAND AND TWENTY FIVE vX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I WRIT PETITION NO: 15749 OF 2025 Between: Karipireddy Rama Lakshmamma, w/o Subba Rayudu Aged about 59 years Occ Cultivation. R/o yerukala Reddy Plam (village), Gudladona, Kaligiri Mandal, Nellore District, PIN 524225 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, A.P secretariat Buildings, Amaravathi, Department of Revenue, Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District Andhra Pradesh.'-'' 3. The Joint Collector, , Nellore, SPSR Nellore District 4. The Revenue Divisional officeT, Kavali, SPSR Nellore District, A.P.'" v/. 5. The Tahsildar, Kaligiri, Kaligiri Mandal, SPSR Nellore District A.P ...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 an order or direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents pursuant to the orders of the Joint Collector, Nellore SPSR Nellore district in D.Dis.D.5.1071/2024 dated 03.05.2025 the Tahsildar, Kaligiri Mandal, SPSR / Nellore district making afforts to evict the petitioner form the lands to an extent of Ac.^08 cents in Sy.No.672/3, situated at Gudladona Village (Yerukalareddy Palem) Kaligiri Mandal, SPSR Nellore district, without cancelling the D-Form Patta F.Dis.No.8/409 dated 10.08.2000 granted to the Petitioner and trying to resume the same as arbitrary, illegal and contrary to the very Provisions of revenue lands and offends under Articles 14, 19 and 21 of the Constitution of India apart from violative of principles of natural justice and Consequently direct the respondents not to evict the petitioner from the subject lands, without following due process of law. 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 Fligh Court may be pleased to stay all further proceedings pursuant to the orders of the Joint Collector, Nellore SPSR Nellore District in D.Dis.D5.l'0'71/2024 dated 03.05.'5025 Including the eviction of the petitioner from the lands to an extent of Ac.3^ cents in Sy.No.66^2/3 situated Gudidona Village, (Yerukala Reddy Palem) Kaligiri Mandal, SPSR Nellore District pending disposal of the above writ petition. Counsel for the Petitioner: A V V S N MURTHY Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following order: APHC010310722025 6 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: 15749/2025 Between: 1.KARIPIREDDY RAMA LAKSHMAMMA, W/0 SUBBA RAYUDU AGED ABOUT 59 YEARS OCC CULTIVATION. R/0 YERUKALA REDDY PLAM (VILLAGE), GUDLADONA, KALIGIRI MANDAL, NELLORE DISTRICT, PIN 524225 ===PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, A.P SECRETARIAT BUILDINGS. AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR. SPSR NELLORE DISTRICT ANDHRA PRADESH. 3.THE JOINT COLLECTOR, , NELLORE, SPSR NELLORE DISTRICT' 4.THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT, A.P. 5.THE TAHSILDAR, KALIGIRI DISTRICT A.P KALIGIRI MANDAL, SPSR NELLORE ...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 tomay be pleased to issue an order or direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the action of 2 NV,J W.P.No.15749 of 2025 respondents pursuant to the orders of the Joint Collector, Nellore SPSR Nellore district in D.Dis.D.5.1071/2024 dated 03.05.2025 the Tahsildar, Kaligiri Mandal, SPSR Nellore district making afforts to evict the petitioner form the lands to an extent of Ac.3.08 cents in Sy.No.672/3, situated at Gudladona Village (Yerukalareddy Palem) Kaligiri Mandal, SPSR Nellore district, without cancelling the D-Form Patta F.Dis.No.8/409 dated 10.08.2000 granted to the Petitioner and trying to resume the same as arbitrary, illegal and contrary to the very Provisions of revenue lands and offends under Articles 14, 19 and 21 of the Constitution of India apart from violative of principles of natural justice and Consequently direct the respondents not to evict the petitioner from the subject lands, without following due process of law and to pass such 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 may be pleased to stay all further proceedings pursuant to the orders of the Joint Collector, Nellore SPSR Nellore District in D.Dis.D5.1071/2024 dated 03.05.2025 including the eviction of the petitioner from the lands to an extent of Ac.3.08 cents in Sy.No.6672/3 situated Gudidona Village, (Yerukala Reddy Palem) Kaligiri Mandal, SPSR Nellore District pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1.AVVS N MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 NV,J W.P.No.15749 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15749 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief; “to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents pursuant to the orders of the Joint Collector, Nellore SPSR Nellore District in D.Dis.D.5.1071/2024 dated 03.05.2024 the Tahsildar, Kaligiri Mandal, SPSR Nellore District, making efforts to evict the petitioner from the lands to an extent of Ac.3=08 cents in Sy.No.672/3, situated at Gudladona Village (Yerukalareddy Palem) Kaligiri Mandal, SPSR Nellore District, without cancelling the D-Form Patta F.Dis.No.8/409 dated 10.08.2000 granted to the petitioner and trying to resume the same as arbitrary, illegal and contrary to the very provisions of revenue lands and offends under Articles 14, 19 and 21 of the Constitution of India.” 1. 2. Learned counsel for the petitioner submits that the petitioner is owner, possessor and enjoyer of land of an extent of Ac.3.08 cents in Sy.No.672/3, situated at Gudladona Village (Yerukalareddy Palem) Kaligiri Mandal, SPSR Nellore District. The name of the petitioner was mutated in the revenue 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. \he petitioner submits that, respondents are trying to / NVJ W.P.No.15749 of 2025 interfere into the peaceful possession and enjoyment of the petitioner’s subjeci land. Questioning the action of the respondents, the present writ petition is filed. 3. Learned Government Pleader for Revenue placed on record written instructions furnished by the District Revenue Officer, SPSR Nellore District in RC.D5/1071/2024 dated 28.06.2025, wherein, it is submitted that, as per Fair Land Register of Gudladona Village, Sy.No.671/2 Acs.1-48 cents is classified as Gunta Poramboke and Sy.No.672/3 Acs.3-08 cents as Gayalu (AW Dry). It is known from the records that the petitioner is not a landless poor and grant of assignment patta to the petitioner who is a landlord is prima facie illegal and the then Tahsildar failed to follow the procedure provided under BSO 15 and the petitioner is not in possession and occupation of the land. Hence, the orders of the RDO/Appellate Authority are upheld. It is submitted that the petitioner is not entitled for grant of any relief, as she is not eligible for assignment of government land as she is a landlord. Further, it is submitted that the respondents did not interfere into the possession and enjoyment over the subject land in any manner. 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 law. 5 NV,J W.P.No.15749 of 2025 Learned Assistant Government Pleader for Revenue submits that, the respondents would follow due process of law and requested to pass appropriate orders. 5. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. 6. When the petitioner is in settled possession and enjoyment of the property, be dispossessed, without following due process of law in view of the Rame Gowda (dead) by L.Rs. v. Therefore, if the petitioner is in 7. he cannot law declared by the Apex Court in M.Varadappa Naidu (Dead) by L.Rs. possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by due process of 1 » law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 8. shall also stand Consequently, miscellaneous petitions pending, if any 9. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, A.P secretariat 1. The Principal Secretary, Department of Revenue, Buildings, Amaravathi, Velagapudi, Guntur District., 2. The District Collector, SPSR Nellore District Andhra Pradesh. 3. The Joint Collector, Nellore, S'PSR Nellore District 4. The Revenue Divisional officer, Kavali, SPSR Nellore District, A.P. 5. The Tahsildar, Kaligiri, Kalig'iri Mandal, SPSR Nellore District A.P One CC to SRI. A VV S N MURTHY Advocate [OPUC] 7. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. Two CD Copies. AL high court DATED:30/06/2025 ORDER WP NO. 15749 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS