VI APHC010313822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ll o ■X * ^ /|J >!■ vO V :d THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16033 OF 2025 •V -K Between; 1. B. Anasurya, W/o. Mohan Rao, Aged about 54 Kothapalli, Bapulapadu Mandal, Krishna District. years, R/o.D.No.2-153/B 2. Shaik Haseena Begum, W/o.Abdullah R/o.D.No.2-288, Kothapalli, Bapulapadu Mandal. Krishna District. 3. Chintati Vasudeva Rao, S/o. Suryanarayana, Aged R/o.D.No.2-179, Kothapaili, Bapulapadu Mandal, Krishna 4. Shaik Chaan Bee, W/o. Mastan, Aged about 41 Aged about 42 years, about 45 years District, years, R/o D.No.2-286 Muslim Street, Kothapalli, Bapulapadu Mandal. Krishna District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary Department, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Collectorate Campus, District. 3. The Revenue Divisional Officer, Gudivada 4. The Tahsildar, Bapulapadu Mandal, Krishna District. Revenue Machilipatnam, Krishna Krishna 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 declaring the action, things and deeds of r Respondents, in interfering with the peaceful possession and enjoyment of the Petitioners lands without issuance of any notice or order in an extent of an Ac.1.50 cents in R.S N0.I86-I-A, an extent of Ac.1.50 cents in R.S.No.185/3, an extent of an Ac.1.50 cents in R.S.N0.I8O-IA and an extent of Ac.1.26 cents in Survey No. 161-5 of Kothapalli Village, Bapulapadu Mandal, Krishna District which is illegal, irregular, arbitrary against to the Principles of Natural Justice contrary to the well-established Principles of Law and in violation of Articles 14,19, 21 and 300-A under Constitution of India, consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners lands in an extent of an Ac.1.50 cents in R.S N0.I86-I-A, an extent of Ac.1.50 cents in R.S.No.185/3, an extent of an Ac.1.50 cents in R.S.No.180-1 A and an extent of Ac.1.26 cents in Survey No.161-5 of Kothapalli Village, Bapulapadu Mandal, Krishna District. 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 Respondents not to interfere or enter into the peaceful possession and enjoyment of the Petitioners’ lands in an extent of Ac.1.50 cents in R.S. N0.I86-I-A, an extent of Ac.1.50 cents in R.S.No.185/3, an extent of an Ac.1.50 cents in R.S.No.130-1A and an extent of Ac.1.26 cents in Survey No. 161-5 of Kothapalli Village, Bapulapadu Mandal, Krishna District pending disposal of the Writ Petition. Counsel for the Petitioners: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010313822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16033/2025 Between: AGED ABOUT 54 YEARS, BAPULAPADU MANDAL, 1.B ANASURYA, W/0 MOHAN RAO, KOTHAPALLI. R/0.D.N0.2-153/B KRISHNA DISTRICT. AGED ABOUT 42 KOTHAPALLI, BAPULAPADU MANDAL, 2.SHAIK HASEENA BEGUM, W/0 ABDULLAH, YEARS, R/O.D.NO.2-288, KRISHNA DISTRICT. 3.CHINTATI VASUDEVA RAO, S/0 SURYANARAYANA, AGED ABOUT 45 YEARS, R/O.D.NO.2-179, KOTHAPALLI. BAPULAPADU MANDAL, KRISHNA DISTRICT. 4.SHAIK CHAAN BEE, W/0 MASTAN, AGED ABOUT 41 YEARS, R/0 MUSLIM STREET, KOTHAPALLI, BAPULAPADU D.NO.2-286 MANDAL, KRISHNA DISTRICT. ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, VELAGAPUDI. SECRETARY, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, COLLECTORATE CAMPUS, MACHILIPATNAM,KRISHNA DISTRIQT. 3.THE REVENUE DIVISIONAL OFFICER, GUDIVADA. KRISHNA DISTRICT. 2 W.P.NO.16033 OF2U2b 4.THE TAHSILDAR, BAPULAPADU MANDAL, KRISHNA 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 declaring the action, things and deeds of Respondents, in interfering with the peaceful possession and enjoyment of the Petitioners lands without issuance of any notice or order in an extent of an Ac.1.50 cents in R.S N0.I86-I-A, an extent of Ac.1.50 cents in R.S.NO.185/3, an extent of an Ac.1.50 cents in R.S.N0.I8O-IA and an extent of Ac.1.26 cents in Survey No. 161-5 of Kothapalli village, Bapulapadu Mandal, Krishna District which is illegal, irregular, arbitrary against to the Principles of Natural Justice contrary to the well-establish ed Principles of Law and in violation of Articles 14,19, 21 and 300-A under Constitution of India, consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners lands in an extent of an Ac.1.50 cents in R.S N0.I86-I-A, an extent of Ac.1.50 cents in R.S.No.185/3, an extent of an Ac.1.50 cents in R.S.No.180-1 A and an extent of Ac.1.26 cents in Survey No. 161-5 of Kothapalli village, Bapulapadu Mandal, Krishna District and to 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 may be pleased to direct the Respondents not to interfere or enter into the peaceful possession and enjoyment of the Petitioners’ lands in an extent of Ac.1.50 cents in R.S. N0.I86-I-A, an extent of Ac.1.50 cents in R.S.No.185/3, an extent of an Ac.1.50 cents in R.S.No.130-1A and an extent of Ac.1.26 cents in Survey No. 161-5 of Kothapalli village, Bapulapadu Mandal, Krishna District pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1.GP FOR REVENUE 3 4 NV,J W.P.N0.16033 0F2025 The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “ ..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents, in interfering with the peaceful possession and enjoyment of the Petitioners’ lands without issuance of any notice or order in an extent of an Ac. 1.50 cents in R.S No. 186-1-A, an extent of Ac. 1.50 cents in R.S.NO.185/3, an extent of an Ac.1.50 cents in R.S.N0.I8O-IA and an extent of Ac.1.26 cents in Survey No. 161-5 of Kothapalli village, Bapulapadu Mandal, Krishna District which is illegal, irregular, arbitrary against to the Principles of Natural Justice contrary to the well- established Principles of Law and in violation of Articles 14,19, 21 and 300-A under Constitution of India, consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners’ lands in an extent of an Ac.1.50 cents in R.S N0.186-1-A, an extent of Ac.1.50 cents in R.$.No.185/3, an extent of an Ac.1.50 cents in R.S.No.180-1 A and an extent of Ac.1.26 cents in Survey No. 161-5 of Kothapalli village, Bapulapadu Mandal, Krishna District and to pass...’’(in verbatim) 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/evict the petitioners from their respective properties without 2. following due process of law. On the other hand, learned Government Pleader for Revenue submitted written instructions furnished by the 4^*^ respondent dated 02.07.2025, wherein 3. it is stated that: 2. It is to submit that, the respondents never interfered with the possession and enjoyment of the subject lands. 3. If the lands required to the government, the subject lands may be acquired by duly following the due procedure. Hence all the averments made in this petition are false and denied. 4 W.P.NO.16033OF2a25 Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. Perused the material available record. 5. As seen from the record, the 2'""' petitioner has not filed any relevant documents to prove his possession over subject land towards his claim. It is settled proposition of law that when the petitioner Nos.1,3 & 4 are in settled possession and enjoyment of the property, the petitioner Nos.1,3 & 4 cannot be dispossessed, without following due process of law in view of the law declared by the Hon’ble Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs/”. Therefore, if the petitioner Nos.1,3 & 4 are in possession of the subject property, the respondents are directed not to evict/dispossess the petitioner Nos.1,3 & 4 from the subject property, except by following due process of law. 7. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand 4. on 6. closed. T2004 (1)SCC 769 Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Collectorate Campus, Machilipatnam, Krishna District. If 3. The Revenue Divisional Officer, Gudivada, Krishna District. 4. The Tahsildar, Bapulapadu Mandal, Krishna District 5. One CC to Sri Narasimha Rao Gudiseva, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. gi > HIGH COURT DATED:03/07/2025 ORDER WP No.16033 OF 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS