APHC010324122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16671 OF 2025 Between: G. Shyam Murthy, S/o. Late. G. Seenappa Aged about 56 years, Occ Agriculture, R/o. Mittoor Village, V.Kota Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District 3. The Revenue Divisional officer, Palamaner, Chittoor District. 4. The Tahsildar, V.Kota Mandal, Chittoor 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 on the part of the respondents No. 3 and 4 in interfering with petitioner rights over the land in an extent of Ac.0.85 Cents in Sy.No.337/5, of Nernipalli revenue Village, V.Kota Mandal, Chittoor District, belong to the petitioner without assigning any reason whatsoever, without putting petitioner on notice or following due process of law as arbitrary, illegal, colorable exercise of power, and well established legal principles, apart from being voilative of fundamental and Constitutional Rights guaranteed to the petitioner under Article 14,19,21 and 300-A of constitution of India and consequently direct the respondents No. 3 and 4 not to interfere with petitioner rights over the land in an extent of Ac.0.85 Cents in Sy.No.337/5, of Nernipalli revenue Village, V.Kota Mandal, Chittoor 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 direct the respondents No. 3 and 4 not to interfere with the subject land without following due process of law for the land in an extent of Ac.0.85 Cents in Sy.No.337/5, of Nernipalli revenue Village, V.Kota Mandal, Chittoor District, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI B.V.DURGA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following order: APHC010324122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16671/2025 Between: I.G. SHYAM MURTHY,, S/0. LATE. G. SEENAPPA AGED ABOUT 56 YEARS, OCC AGRICULTURE, R/0. MITTOOR VILLAGE, V.KOTA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS REVENUE PRINCIPAL SECRETARIAT DEPARTMENT, SECRETARY, BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT 3.THE REVENUE DIVISIONAL OFFICER, PALAMANER. CHITTOOR DISTRICT. 4.THE TAHSILDAR, V.KOTA MANDAL, CHITTOOR 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents No. 3 and 4 in interfering with petitioner rights over the land in an extent of Ac.0.85 Cents in Sy.No.337/5, of Nernipalli revenue Village, V.Kota Mandal, Chittoor District, belong to the petitioner without assigning any reason whatsoever, without putting petitioner on notice or following due process of law as arbitrary, illegal, colorable exercise of power. and well established legal principles, apart from being fundamental and Constitutional Rights guaranteed to the petitioner Article 14,19,21 and 300-A of constitution of India and consequently direct the respondents No. 3 and 4 not to interfere with petitioner rights over the land in an extent of Ac.0.85 Cents in Sy.No.337/5, of Nernipalli revenue Village, V.Kota Mandal, Chittoor 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 Pleased to direct the respondents No. 3 and 4 not to interfere with the subject land without following due process of law for the land in an extent of Ac.0.85 Cents in Sy.No.337/5, of Nernipalli revenue Village, V.Kota Mandal, Chittoor District, pending disposal of the above Writ Petition Counsel for the Petitioner: 1.B.V.DURGA PRASAD Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: voilative of under / THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16671/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to 1. issue a Writ of Mandamus declaring the action of the respondents, more particularly, respondent Nos. 3 and 4 in interfering with the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac.0.85 cents in Sy.No.337/5 of Nernipalli Revenue Village, V.Kota Mandal, Chittoor district, without following due process of law as illegal and arbitrary; consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 4. Learned Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioner is in settled possession and enjoyment of the property, the petitioner 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 petitioner is in possession of the subject property, the directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of 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. Consequently, miscellaneous petitions pending, if any, shall also stand L.Rs. 1 ” . Therefore, if the respondents are 6. closed. 2004 (1)SCC 769 Sd/- K TATA RAO DEPUTY^GISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District 3. The Revenue Divisional officer, Palamaner, Chittoor District. 4. The Tahsildar, V.Kota Mandal, Chittoor District. 5. One CC to Sri B.V.Durga Prasad, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr HIGH COURT DATED:08/07/2025 ORDER WP NO. 16671 OF 2025 STAGE OF ADMISSION WITHOUT COSTS