APHC010325972025 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: 16640/2025 Between: 1. K. BHANU PRAKASH,, S/O.LATE THOUDAYYA, AGE- 39 YEARS, R/O.RAJAVOMMANGI VILLAGE AND MANDAL ALLURI SEETHARAMA RAJU (ASR) DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ALLURI SEETHARAMA RAJU (ASR) DISTRICT AT PADERU, ERSTWHILE EAST GODAVARI DISTRICT. 3. THE SUB COLLECTOR, RAMPACHODAVARAM, ALLURI SEETHARAMA RAJU (ASR) DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, RAJAVOMMANGI MANDAL, ALLURI SEETHARAMA RAJU (ASR) DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 5. LOTHA GANGA BHAVANI, . D/O.VEKATARAO, TEACHER, DAKARAI VILLAGE OF RAJAVOMMANGI MANDAL, ALLURI SEETHARAMA RAJU (ASR) DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 6. LOTHA AMMANNA, W/O.VENKATARAO, DAKARAI VILLAGE OF RAJAVOMMANGI MANDAL, ALLURI SEETHARAMA RAJU (ASR) DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT 7. GOMU VENKATA LAKSHMI, D/O.CHINNABAI, KINDRA VILLAGE OF RAJAVOMMANGI MANDAL, ALLURI SEETHARAMA RAJU (ASR) DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 8. DATIA VENKATESWARAJU, S/O.LATE BALAKRISHNARAJU, RAJAVOMMANGIVILLAGE AND MANDAL, ALLURI SEETHARAMA RAJU (ASR) DISTRICT, ERSTWHILE EAST GODAVARI 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 tomay be pleased to issue a Writ or order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the 4 respondent and his sub-ordinates in interfering with the peaceful possession and enjoyment of the petitioners land to an extent of Ac.1.55 cents in Sy.No.203/lA situated at Rajavommangi Village and Mandal, Alluri Seetharama Raju District as wholly illegal, arbitrary and in violation of Principles of natural justice and Art. 14, 21 and 300A of the Constitution of India and consequently direct the 4th respondent not to interfere with petitioner's land stated supra in the interest of justice and to pass IA 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 4th respondent not to interfere with the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac. 1.55 cents in Sy.No.203/lA situated at Rajavommangi Village and Mandal, Alluri Seetharama Raju District pending disposal of the above writ petition in the interest of justice and to pass Counsel for the Petitioner: 1. MUSUDI BABJI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16640/2025 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of respondents, more particularly, respondent No.4 and his sub-ordinates in interfering with the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac.1.55 cents in Sy.No.203/1A situated at Rajavommangi Village and Mandal, Alluri Seetharama Raju district 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 respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 4. On the other hand, learned Government Pleader for Revenue submitted the written instructions issued by the Tahsildar/ respondent No.4, wherein, the relevant portion of the said instructions is extracted hereunder: “It is submitted that all the contents mentioned by the writ petitioner as false. The contention of the writ petitioner that the 4th respondent i.e., Tahsildar, Rajavommangi and his sub- ordinates in interfering with the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac.1.55 cents in Sy.No.203/A situated at Rajavommangi Village and Mandal is false. The Tahsildar never interfered with peaceful enjoyment of the land covered by the writ petitioner and hence the Tahsildar and Government are no way concerned with the land covered by writ petition. This petition may be dismissed.” 5. It is settled proposition of law that, when the petitioner is in settled possession and enjoyment of the subject property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “RameGowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. 6. 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 closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:08.07.2025 BSP 12004 (1) SCC 769 118 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16640/2025 Date:08.07.2025 BSP