APHC010312372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15978/2025 Between: 1. N. ADILAKSHMI,, D/O. LATE KONDA REDDY, AGED ABOUT 44 YEARS, OCC- AGRICULTURE, R/O. PAPIREDDY PALLE VILLAGE, NANDANUR POST, G.D.NELLORE MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3. THE MANDAL REVENUE OFFICER, G.D.NELLORE MANDAL, CHITTOOR DISTRICT. 4. THE VILLAGE REVENUE OFFICER, NANDANUR VILLAGE, G.D.NELLORE MANDAL, CHITTOOR DISTRICT. 5. C JAYADEVA NAIDU, S/O. LATE BHULOKA NAIDU, PEDDAKALVA VILLAGE AND POST, G.D.NELLORE MANDAL, CHITTOOR DISTRICT. 6. C SIVA RAJU, S/O. C. JAYADEVA NAIDU, PEDDAKALVA VILLAGE AND POST, G.D.NELLORE MANDAL, CHITTOOR DISTRICT. 7. C RAJESH, S/O. C. JAYADEVA NAIDU, PEDDAKALVA VILLAGE AND POST, G.D.NELLORE MANDAL, CHITTOOR DISTRICT. 2 ...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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action the Respondents No.3 to 4 in interfering with the possession of the petitioners land in Sy.No.210/lD to an extent of Ac.0.66 cents, Sy.No.210/2B to an extent of Ac.0.32 cents, Sy.No.242/2B to an extent of Ac.0-03 cents of Nandanum Village, G.D.Nellore Mandal, Chittoor District as illegal, improper, unjust, arbitrary and contrary to law and consequently direct the Respondents not to interfere with the possession of the petitioners land in Sy.No.210/lD to an extent of Ac.0.66 cents, Sy.No.210/2B to an extent of Ac.0.32 cents, Sy.No.242/2B to an extent of Ac.0-03 cents of Nandanum Village, G.D.Nellore Mandal, Chittoor 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 may be pleased to Respondents not to interfere with the possession of the petitioner’s land in Sy.No.210/lD to an extent of Ac.0.66 cents, Sy.No.210/2B to an extent of Ac.0.32 cents, Sy.No.242/2B to an extent of Ac.0-03 cents of Nandanuru Village, G.D.Nellore Mandal, Chittoor District, forthwith and pass Counsel for the Petitioner: 1. Y MAHA LAKSHMI 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: 15978/2025 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 the Respondent Nos.3 to 4 in interfering with the possession of the petitioner’s land in Sy.No.210/1D to an extent of Ac.0.66 cents, Sy.No.210/2B to an extent of Ac.0.32 cents, Sy.No.242/2B to an extent of Ac.0.03 cents of Nandanum Village, G.D. Nellore Mandal, Chittoor District as illegal, improper, unjust, arbitrary and contrary to law and consequently direct the respondents not to interfere with the possession of the petitioner’s land in Sy.No.210/1D to an extent of Ac.0.66 cents, Sy.No.210/2B to an extent of Ac.0.32 cents, Sy.No.242/2B to an extent of Ac.0.03 cents of Nandanum Village, G.D. Nellore Mandal, Chittoor 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’s subject property, without following due process of law. 3. Learned Assistant Government Pleader for the respondents furnished written instructions dated 02.07.2025, wherein it is stated as follows: “It is submitted that the respondent Nos.3 and 4 have never entered into the petitioners land and never tired to 4 interfere with the possession of the land. The petitioner has filed false averments before the Hon’ble High Court of A.P. and she has not filed any such evidence and put to strict proof.” 4. Having regard to the submissions made by the learned counsel for the petitioner and 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, she 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’s 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. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 0022..0077..22002255 TTPPSS 1 2004 (1) SCC 769 5 101 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:15978 of 2025 0022..0077..22002255 TTPPSS