APHC010319452025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) h \0 MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15928 OF 2025 Between: 1. D. Manjulamma, W/o.Chandra Shekar Reddy, Aged about 61 years, Occ- Agriculture, R/o.DuvvuriVari Palem, Muthukur, SPS Nellore District. 2. D.Krishna Prasad Reddy, W/o.Chandra Shekar Reddy, Aged about 41 R/o.D.No.5/158, Duvvuri Vari Palem, years, Occ- Agriculture, Muthukur, SPS Nellore District ...Petitioners AND 1. The State of Andhra Pradesh, Revenue Department, Rep. by its Principal Secretary Secretariat, Velagapudi, Amaravathi District. 2. The District Collector, SPS Nellore District. 3. The Revenue Divisional Office, Muthukur Mandal, SPS Nellore District. 4. The Tahsildar, Valluru, Muthukur Mandal, SPS Nellore District. Guntur ...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 a Writ of Mandamus, declaring the action of the respondent authorities in interfering with the peaceful possession and enjoyment of the subject property and trees in LPM Nos.991, 1004, 1085, and 1384 situated in Valluru Village. Muthukur Mandal, SPS Nellore District, and in attempting to fell the eucalyptus trees standing thereon, without following principles of natural justice, as illegal, arbitrary, without jurisdiction, and violative of the principles of natural justice and in violation of Article 21 and 300-A of Constitution of India and consequently direct the respondent authorities to refrain from interfering with the peaceful possession and enjoyment of the subject property. 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 respondent authorities not to interfere, in any manner, with the petitioners’ peaceful possession and enjoyment of the land and trees in LPM Nos. 991-2, 1004, 1085, and 1384 situated in Valluru Village, Muthukur Mandal, SPS Nellore District and restrain the respondents from felling causing any damage to the eucalyptus trees standing on the subject property pending disposal of the writ petition. Counsel for the Petitioners: SRI KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: or APHC010319452025 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: 15928/2025 Between: 1.D. MANJULAMMA,, W/O.CHANDRA SHEKAR REDDY, AGED ABOUT 61 YEARS, OCC- AGRICULTURE, R/O.DUVVURIVARI PALEM, MUTHUKUR, SPS NELLORE DISTRICT. 2.D.KRISHNA PRASAD REDDY,, W/O.CHANDRA SHEKAR REDDY AGED ABOUT 41 YEARS, OCC- AGRICULTURE, R/0.D.N0.5/158,DUWURI VARI PALEM, MUTHUKUR, SPS NELLORE DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT, 2.THE DISTRICT COLLECTOR, SPS NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICE, MUTHUKUR MANDAL, SPS NELLORE DISTRICT. 4.THE TAHSILDAR, VALLURU, MUTHUKUR MANDAL, SPS NELLORE DISTRICT. i 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, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondent authorities in enjoyment of the subject property and trees in LPM Nos.991, 1004, 1085, and 1384 situated in Valluru Village, Muthukur Mandal, SPS Nellore District, and in attempting to fell the eucalyptus trees standing thereon, without following principles of natural justice, as illegal, arbitrary, without jurisdiction, and violative of the principles of natural justice and in violation of Article 21 and 300-A of Constitution of India and consequently direct the respondent authorities to refrain from interfering with the peaceful possession and enjoyment of the subject property and to pass interfering with the peaceful possession and 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 authorities not to interfere, in any manner, with the petitioners’ peaceful possession and enjoyment of the land and trees in LPM Nos. 991-2, 1004, 1085, and 1384 situated in Valluru Village, Muthukur Mandal, SPS Nellore District and restrain the respondents from felling or causing any damage to the eucalyptus trees standing on the subject property pending disposal of the writ petition and pass s Counsel for the Petitioner(S): 1.KRISTAM SAKTHl NIRANJAN GUPTHA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: '1/ 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15928/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “.....may be pleased to issue a writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondent authorities in interfering with the peaceful possession and enjoyment of the subject property and trees in LPM Nos.991, 1004, 1085, and 1384 situated in Valluru Village, Muthukur Mandal, SPS Nellore District and in attempting to fell the eucalyptus trees standing thereon, without following principles of natural Justice, as illegal, arbitrary, without Jurisdiction, and violative of the principles of natural Justice and in violation of Article 21 and 300-A of Constitution of India and consequently direct the respondent authorities to refrain from interfering with the peaceful possession and enjoyment of the subject property and to pass " Heard the learned counsel for the petitioners and the learned Assistant 2. Government Pleader appearing for the respondents. Learned counsel for the petitioners submits that the petitioners are the 3. absolute owners and possessors of the property situated in LPM Nos.991, 1004, 1085, and 1384 in Valluru Village, Muthukur Mandal, SPS Nellore While so, the respondent authorities, without issuing any notice District. 4 trying to interfere with the peaceful possession of the petitioners in respect of the subject property. Hence, the writ petition. On the other hand, the learned Assistant Government Pleader 4. appearing for the respondents has furnished a copy of written instructions issued by the 4*'^ respondent dated 28.06.2025, wherein, the relevant portion is usefully extracted hereunder; 1. It is submitted that, an extent of Acs. 1.40 in Sy.No. 596/2 (LPM No.992), an extent of Acs. 1.29 in Sy.No. 597/2 (LPM No. 993), an extent of Acs. 0.09 in Sy.No. 599/2 (LPM No. 995), an extent of Acs. 1.40 in Sy.No. 616/1 (LPM No.1000) of Vallum village, Muthukur Mandal, SPS Nellore District is classified as canal poramboke as per the RSR of the village. 2. As per the orders of the Government Resurvey has been conducted in the village. The land in Sy.No. 596/2, 597/2, 599/2, 616/1 recorded as water body canal Government land. Hence, LPM No allotted these Sy.Nos. 992, 993, 995 & 1000 respectively. During the course of enquiry, the field staff observed that, the land in Sy.No. 596/2, 597/2, 599/2, 616/1 of Vallur village, Muthukur Mandal is under the possession and enjoyment of the writ petitioner. ” 5. 5. Learned Assistant Government Pleader further submits that the respondents will follow due process of law as contemplated, if they intend to dispossess the petitioners from the subject property. 5 Having regard to the submissions of the learned counsel for the petitioners, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered that the present Writ Petition can be disposed of directing the respondents to follow due process of law, if they intend to dispossess the petitioners from the subject property. 6. view In the result, the Writ Petition is disposed of. There shall be no order as 7. to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. SOI- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPS Nellore District. 3. The Revenue Divisional Office, Muthukur Mandal, SPS Nellore District. 4. The Tahsildar, Valluru, Muthukur Mandal, SPS Nellore District. 5. One CC to Sri Kristam Sakthi Niranjan Guptha, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies RAM A HIGH COURT DATED:30/06/2025 ORDER WP NO. 15928 OF 2025 U I 5 JUL 2025 Sectjsi^y DISPOSING OF THE WP WITHOUT COSTS