APHC010316712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) t FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15781 OF 2025 Between: J^allepalli Sankara Rao, S/o. Sanyasi aged 35 years Occ: Pvt.s^rvice R/o.D.No. Visakhapatnam - 531044. 22-2-15, Vempal Nagar, R.H.Colony, Peda Gantyada, ...Petitioner AND 1. The State of AP, Rep.by its Principal Secretary( Revenue) Secretariat ■^Velagapudi, Amaravati, Guntur District. 2. The District Collector, Visakhapatnam. Visakhapatnam District, Maharanipet, /3. The Tahsildar, Gajuwaka Mandal, China Gantyada Visakhapatnam 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to dispossess the petitioner from the property Plot No.48 admeasuring 251.33 Sq. Yds or 210.84 Sq.Mts in Survey No. 104/4, Ward No.88 Duvvada, Village, Gajuwaka Mandal, Anakapalle Visakhapatnam district without following due process of law is illegal arbitrary and unconstitutional, against Principles of Natural Justice and voilative of Art. 14, 21 and 300-A of the Constitution of India and consequently directing the respondents not to dispossess the petitioner from his property Plot No.48 admeasuring 251.33 Sq. Yds or 210.84 Sq.Mts in Survey No. 104/4, Ward No.88, Duvvada, Village, Gajuwaka Mandal, Anakapalle, Visakhapatnam 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 writ petition, the High Court may be pleased to directing the respondent No.3 not to dispossess the petitioner from his property Plot No.48 admeasuring 251.33 Sq. Yds or 210.84 Sq.Mts in Survey No. 104/4, Ward No.88 Duvvada, Village, Gajuwaka Mandal Anakapalle, Visakhapatnam district without following due process of law. Counsel for the Petitioner: SRI MOKA KONDALA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010316712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15781/2025 Between: 1.KALLEPALLI SANKARA RAO, S/0. SANYASI AGED 35 YEARS OCC PVT.SERVICE, R/O.D.NO. 22-2-15, VEMPAL NAGAR, R.H.COLONY, PEDA GANTYADA, VISAKHAPATNAM - 531044 and 6 others. ...PETITIONER AND 1.THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY( REVENUE) SECRETARIAT. VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, MAHARANIPET, VISAKHAPATNAM. 3.THE TAHSILDAR, GAJUWAKA MANDAL, CHINA GANTYADA VISAKHAPATNAM 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 to to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to dispossess the petitioner from the property Plot No.48 admeasuring 251.33 Sq. Yds or 210.84 Sq.Mts in Survey No.104/4, Ward No.88 Duvvada, Village, Gajuwaka Mandal, Anakapalle Visakhapatnam district without following due process of law is illegal arbitrary and unconstitutional, against Principles of Natural Justice and voilative of Art. 14, 2 21 and 300-A of the Constitution of India and consequently directing the respondents not to dispossess the petitioner from his property Plot No.48 admeasuring 251.33 Sq. Yds or 210.84 Sq.Mts in Survey No.104/4, Ward No.88, Duvvada, Village, Gajuwaka Mandal, Anakapalle, Visakhapatnam district and 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 to directing the respondent No.3 not to dispossess the petitioner from his property Plot No.48 admeasuring 251.33 Sq. Yds or 210.84 Sq.Mts in Survey No.104/4, Ward No.88 Duvvada, Village, Gajuwaka Mandal, Anakapalle, Visakhapatnam district without following due process of law and pass Counsel for the Petitioner: 1.MOKA KONDALA RAO 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: 15781/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- To issue an appropriate Writ, Order or Direction more particularly one In the nature of Writ of Mandamus declaring the action of the respondents In trying to dispossess the petitioner from the property Plot No. 48, admeasuring 251.33 Sq.Yds or 210.84 Sg.Mts in Survey No. 104/4, Ward No. 88 Village, Duvvada Gajuwaka Mandal, Anakapalle VIsakhapatnam district without following due process of law is Illegal, arbitrary and unconstitutional against Principles of Natural Justice and violative of Art 14, 21 and 300-A of the Constitution of India and conseguently directing the respondents not to dispossess the petitioner from his property Plot No.48 admeasuring 251.33 Sg.Yds or 210.84 Sg.Mts in Survey No. 104/4 Ward No.88, Duvvada Village Gajuwaka Mandal, Anakapalle VIsakhapatnam district and pass. ” 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 petitioner’s subject property without following due process of law. V . 4 3. Learned Assistant Government Pleader for the respondents rd furnished written instructions issued by the S'"* respondent dated 27.06.2025, wherein it is stated as follows; “/As per records, the Sy.No.104-4 measuring an extent of Ac. 0.46 cents of Duvvada Village Is classified as Sankar Punja I.e., ZeroyithI land. As per records, the Sy.No.125-1 measuring an extent of Ac.6.96 cents is classified as Vagu i.e, objectionable land. 2. There Is no Interference of this Respondent No. 3 I.e, Tahsildar, Gajuwaka Into the writ petitioner’s land in Sy.No.104-4(zeroyiti lands) of Duvvada village as contended in the affidavit. 3. Further if the writ petitioner Is found to be encroached the Government land covered by Sy.No. 125-1 which is adjacent to the writ petitioner land, necessary action will be taken as per the rules and procedures. 4. There Is no interference of the respondent No.3 I.e., Tahsildar, Gajuwada into the possession of the writ petitioner in Sy.No.104-4 of Duvvada Village of Gajuwaka Mandai.” 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. 5 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.^”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with 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. T 2004 (1)SCC 769 Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// 7f SECTION OFFICER To. 1. The Principal Secretary( Revenue), State of AP, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District, Maharanipet, Visakhapatnam. 3. The Tahsildar, Gajuwaka Mandal, China Gantyada Visakhapatnam District. 4,..One CC to Sri Moka Kondala Rao, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr A HIGH COURT DATED:27/06/2025 ORDER WP NO. 15781 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS