I J APHC010323562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16147 OF 2025 Between: 1. Simma Kishore Kumar, S/o Chalapathi Rao, Aged 43 years, Occ Cultivation, R/o Plot No.4, Visakha A Colony, Srikakulam Town, Srikakulam District. 2. Simma Vijaya Kumar, S/o Chalapathi Rao, Aged 42 years, Occ Cultivation, R/o Plot No.4, Visakha A Colony, Srikakulam Town, Srikakulam District. 3. Pudi Uma Venkata Pranam, S/o Prasad, Aged 38 years, Occ Employee, R/o Plot No.31, Visakha A Colony, Srikakulam Town, Srikakulam District. 4. Baratam Adinarayana, S/o Malleswara Rao, Aged Cultivation Srikakulam District. 57 years, Occ R/o D.No 8-9-5, Chittaranja Street, Srikakulam Town, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, Srikakulam District. 3. Revenue Divisional Officer, Srikakulam Division, Srikakulam District. 4. Tahsildar, Gara Mandal, Srikakulam District. 5. Village Revenue Officer, Ramachandrapuram Village, Gara Mandal, Srikakulam District. 6. Village Revenue Officer, Waadada Village, Gara Mandal Srikakulam District. 7. Project Director, District Water Management Agency Rural Development Department, Collectorate, Srikakulam Town, Srikakulam District. 8. Mandal Parishad Development Officer, Mandal Praja Parishad, Gara Mandal, Srikakulam District. 9. Panchayat Secretary, Ramachandrapuram Gram Panchayat, Mandal, Srikakulam District. 10. Panchayat Secretary, Waadada Gram Panchayat, Srikakulam District. Gara Gara Mandal, ...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 of respondents 2 to 10 in taking steps to dispossess the petitioners from their respective agricultural lands covered by Survey No. 110 situated in Ramachandrapuram Village of Gara Mandal and Survey No.336-1 situated in Waadada Village of Gara Mandal in Srikakulam District and further taking steps to illegally trespass into the petitioners above said lands to undertake MGNREGS works to convert the said lands into water body, without following due process of law as illegal irregular, irrational, violative of provisions The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners covered by Survey No. 110 situated in Ramachandrapuram Village of Gara Mandal and Survey No.336-1 situated in Waadada Village of Gara Mandal in Srikakulam District and also not to undertake any work activities to convert petitioners said lands into water bodies, without following due process of law. 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 with petitioners’ respective lands covered by Survey No. 110 situated in Ramachandrapuram Village of Gara Mandal and Survey No.336-1 situated in Waadada Village of Gara Mandal in Srikakulam District and also not to undertake any work activities to convert petitioners’ said lands into water bodies, without following due process of law, pending disposal of the main writ petition. Counsel for the Petitioners: SRI SRINIVAS AMBATI Counsel for the Respondent Nos. 1 to 6: GP FOR REVENUE Counsel for the Respondent No.7: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent Nos. 8 to 10: SRI Y KOTESWARA RAO (SC FORZPPS, MPPS&GP) The Court made the following order: F APHC010323562025 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: 16147/2025 Between: 1.SIMMA KISHORE KUMAR. S/O CHALAPATHI RAO AGED 43 YEARS, R/0 PLOT N0.4, VISAKHA A COLONY, OCC CULTIVATION, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT, 2.SIMMA VIJAYA KUMAR,, S/O CHALAPATHI RAO, AGED 42 YEARS, R/0 PLOT N0.4, VISAKHA A COLONY, OCC CULTIVATION SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. 3.PUDI UMA VENKATA PRANAM,, S/O PRASAD, AGED 38 YEARS, R/0 PLOT NO.31, VISAKHA A COLONY, OCC EMPLOYEE SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. 4.BARATAM ADINARAYANA,, S/O MALLESWARA RAO, AGED 57 YEARS, OCC CULTIVATION STREET, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. R/0 D.NO 8-9-5, CHITTARANJA ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. REVENUE DEPARTMENT, 2. DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 3. REVENUE DIVISIONAL OFFICER, SRIKAKULAM DIVISION SRIKAKULAM DISTRICT. 4. TAHSILDAR, GARA MANDAL, SRIKAKULAM DISTRICT. 5. VILLAGE REVENUE OFFICER, RAMACHANDRAPURAM VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. 6. VILLAGE REVENUE OFFICER, WAADADA VILLAGE, GARA MANDAL SRIKAKULAM DISTRICT. 7. PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY RURAL DEVELOPMENT DEPARTMENT, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. COLLECTORATE, 8. MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, GARA MANDAL, SRIKAKULAM DISTRICT. 9. PANCHAYAT SECRETARY, RAMACHANDRAPURAM GRAM PANCHAYAT, GARA MANDAL, SRIKAKULAM DISTRICT. 10. PANCHAYAT SECRETARY, WAADADA GRAM PANCHAYAT, GARA MANDAL, SRIKAKULAM 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 of respondents 2 to 10 in taking steps to dispossess the petitioners from their respective agricultural lands covered by Survey No. 110 situated in Ramachandrapuram Village of Gara Mandal and Survey No.336-1 situated in Waadada Village of Gara Mandal in Srikakulam District and further taking steps to illegally trespass into the petitioners above said lands to undertake MGNREGS works to convert the said lands into water body, without following due process of law, as illegal, irregular, irrational, violative of provisions The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, and offends Articles 14,21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners covered by Survey No. 110 situated in Ramachandrapuram Village of Gara Mandal and Survey No.336-1 situated in Waadada Village of Gara Mandal in Srikakulam District and also not to undertake any work activities to convert petitioners said lands into water bodies, without following due process of law 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 Pleased to direct the respondents not to interfere with petitioners’ respective lands covered by Survey No. 110 situated in Ramachandrapuram Village of Gara Mandal and Survey No.336-1 situated in Waadada Village of Gara Mandal in Srikakulam District and also not to undertake any work activities to convert petitioners’ said lands into v/ater bodies, without following due process of law, pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16147/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. seeking the following relief;- “ pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 10 in taking steps to dispossess the petitioners from their respective agricultural lands covered by Survey No. 110 situated in Ramachandrapuram Village of Gara Mandal and Survey No. 336-1 situated in Waadada Village of Gara Mandal In Srikakulam District and further taking steps to illegally trespass Into the petitioners above said lands to undertake MGNREGS works to convert the said lands Into water body without following due process of law as Illegal, irregular, irrational, violative of provisions The Right to Fair Compensation and Transparency In Land Acquisition Rehabilitation and Resettlement Act, 2013 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners covered by Survey No.110 situated in Ramachandrapuram Village of Gara Mandal and Survey No. 3361 situated in Waadada Village of Gara Mandal in Srikakulam District and also not to undertake any work activities to convert petitioners said lands into 5 water bodies without following due process of law and pass....’’ Heard learned counsel for the petitioners and learned 2. Government Pleader for Revenue for the respondents. During hearing, learned counsel for the petitioners, without 3. 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 subject property of the petitioners without following due process of law. Learned Government Pleader for Revenue submits that, if the 4. petitioners are in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioners are in settled possession and enjoyment of 5. the property, the petitioners 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.Rs2”. Therefore, if the petitioners are in long standing possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners, except by due process of law. With the above direction, the writ petition is disposed of at the 6. stage of admission with the consent of both the counsel. No costs. 2004 (1) see 769 k 6 Consequently, miscellaneous petitions pending, if any, shall also stand closed. SD/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// OFFICER To Revenue Department, 1. The Principal Secretary to Government. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Srikakulam District. 3. The Revenue Divisional Officer, Srikakulam Division, Srikakulam District. 4. The Tahsildar, Gara Mandal, Srikakulam District. 5. The Village Revenue Officer, Ramachandrapuram Village, Gara Mandal, Srikakulam District. 6. The Village Revenue Officer, Waadada Village, Gara Mandal Srikakulam District. 7. The Project Director, District Water Management Agency Rural Development Department, Collectorate, Srikakulam Town, Srikakulam District. 8. The Mandal Parishad Development Officer, Mandal Praja Parishad, Gara Mandal, Srikakulam District. 9. The Panchayat Secretary, Ramachandrapuram Gram Panchayat, Gara Mandal, Srikakulam District. 10. The Panchayat Secretary, Waadada Gram Panchayat, Gara Mandal, Srikakulam District. 11. One CC to Sri Srinivas Ambati Advocate [OPUC] 12. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 13. Two CCs to GP for Panchayat Raj & Rural Dev, High Court of Andhra Pradesh [OUT] 14. One CC to Sri Y Koteswara Rao (Sc for ZPPS, MPPS & GP) Advocate [OPUC] 15. Two CD Copies TF i HIGH COURT DATED:02/07/2025 ORDER WP NO. 16147 OF 2025 DISPOSING OF THE W.P. AT THE STAGE ADMISSION, WITHOUT COSTS OF