* APHC010326002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16517 OF 2025 Between: 1. Smt. Ayinaparthi Papa^ W/o.Peda Kutumba Rao, Female, aged 63 years, R/o.H.No.1-98, Kothapeta, Chodavaram (West) Village, Gundepalli Post, Nallajerla Mandal, East Godavari District, Aadhar No. 9113 8716 3007, Mobile No.91103 02187. 2. Sri Ayinaparthi Peda Kutumba Rao, S/o.late.Veeraswamy, Male, aged 73 years. Senior Citizen Agriculture Labour R/o.H.No.1-98, Kothapeta, Chodavaram (West) Village, Gundepalli Post, Nallajerla Mandal, East Godavari District, Aadhar No. 7538 1977 6269, Mobile No. 91103 02187. ...Petitioners AND 1. The State of Andhra Pradesh, Rep., by its Special Chief Secretary Department of Revenge (Registration and Stamps. Lands) (FAC) 4*’^ Block, Ground Floor. Government Complex, A.P Secretariat Office, Velagapudi 2. The District Collector, East Godavari District, Rajamahendravaram. 3. The Revenue Divisional Officer, Kovvur Revenue Division, East Godavari District 4. The Tahsildar, Nallajerla Mandal, Nallajerla. East Godavari District Government of Andhra Pradesh Interim Kovvur. 5. The Village Revenue Officer, Chodavararn (West) Village, Nallajerla Mandal, East Godavari District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in'the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction or Order, more particularly, one in the nature of Writ of Mandamus or any other appropriate Writ or Direction, declaring that the action of the Respondents, particularly, the Respondents No.2 to 5, in forcing the Petitioners for their eviction, from their residential house bearing D.No.1-125 with Water Tap connection bearing No.125 and Electricity Service connection bearing No. 1542214103000443, located in an extent of Ac.00-05 cts covered by R.S.No.71/6 of Chodavararn, Nallajerla Mandal, East Godavari District, without issuing any Notice or Order of Eviction is illegal, arbitrary, capricious and violative of Art.300A, 14, and 21 of Constitution of India, in the interest of justice. iA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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, particularly, the Respondents No.2 to 5, not to evict the Petitioners from their residential house bearing D.No.1-125 with Water lap connection bearing No. 125 and Electricity Service connection bearing No.1542214103000443, located in an extent of Ac.00-05 cts covered by R.S.No.71/6 of Chodavararn, Nallajerla Mandal, East Godavari District, without issuing any Notice and without following due process of Law, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioners: SRI G RONALD RAJU Counsel for the Respondent No’s. 1 to 5: GP FOR REVENUE The Court made the following order: V • • 1 • • • • X * • APHC010326002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NI MMAGADDA WRIT PETITION NO: 16517/2025 m [3329] Between; 1 AYINAPARTHI PAPA, W/O.PEDA KUTUMBA RAO, FEMALE, AGED 63 YEARS, R/O.H.NO.1-98, KOTHAPETA, CHODAVARAM (WEST) VILLAGE, GUNDEPALLI POST, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT, AADHAR NO. 9113 8716 3007, MOBILE N0.91103 02187 2.. SRI AYINAPARTHI PEDA KUTUMBA RAO, S/O.LATE.VEERASWAMY, YEARS. SENIOR CITIZEN LABOUR R/O.H.NO.1-98 CHODAVARAM (WEST) VILLAGE, GUNDEPALLI POST, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT, MOBILE NO. 91103 02187 MALE, AGED 73 AGRICULTURE KOTHAPETA, AADHAR NO. 7538 1977 6269, ...PETITIONER(S) AND 1 THE STATE OF ANDHRA PRADESH, REP., BY ITS SPECIAL CHIEF SECRETARY DEPARTMENT OF REVENUE (REGISTRATION AND STAMPS. LANDS) (FAC) GOVERNMENT OF ANDHRA PRADESH, 4TH BLOCK, GROUND FLOOR, INTERIM GOVERNMENT COMPLEX, SECRETARIAT OFFICE, VELAGAPUDI 2.THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 3.THE REVENUE DIVISIONAL OFFICER, KOVVUR REVENUE DIVISION, GODAVARI DISTRICT 4.THE TAHSILDAR, NALLAJERLA MANDAL, A.P EAST KOVVUR. 2 NALLAJERLA. EAST GODAVARI DISTRICT 5.THE VILLAGE REVENUE OFFICER CHODAVARAM (WEST) VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRIC ...RESPONDENT(S): The Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “to issue Writ or Direction or Order, more perticulerly, one in the neture of Writ of Mandamus any other appropriate Writ or Direction, declaring that the action of the Respondents, particularly, the Respondents No. 2 to 5, in forcing the Petitioners for their eviction, from their residential house bearing D.No.1-125 with Water Tap connection bearing No. 125 and Electricity Service connection bearing No.15422141030 00443, Ac. 00-05 cts covered by R.S.No. 71/6 of Chodavaram, Nallajerla Mandal, East Godavari District, without issuing any Notice or Order of Eviction is illegal, arbitrary, capricious and violative of Art. 300A, 14, and 21 of Constitution of India, in the interest ofjustice. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a or located in an extent of 2. direction to the respondents not to dispossess the petitioners from their subject property, without following due process of law. Learned Assistant Government Pleader for Respondents admitted that the petitioners 3. are in continuous possession of subject land and the respondents’ authorities would follow due 3 process of law and requested to pass appropriate orders in accordance with law. It is settled proposition of law that when the petitioners are 4. in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioners’ constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ subject property. However, if they intend to take any 2004 (1) see 769 4 action against subject property of the petitioners, they shall follow the due procedure as contemplated under the law. 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ION OFFICER SE To, 1. The Special Chief Secretary Department of Revenue (Registration and Stamps. Lands), (FAC) State of Andhra Pradesh, Government of Andhra Pradesh, 4'^ Block, Ground Floor, Interim Government Complex, A.P Secretariat Office, Velagapudi 2. The District Collector, East Godavari District, Rajamahendravaram. 3. The Revenue Divisional Officer, Kovvur Revenue Division, Kovvur. East Godavari District 4. The Tahsildar, Nallajerla Mandal, Nallajerla. East Godavari District 5. The Village Revenue Officer, Chodavaram (West) Village, Nallajerla Mandal, East Godavari Distric 6. One CC to SRI. G RONALD RAJU, Advocate [OPUC] 7. Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 8. Three CD Copies PRK HIGH COURT DATED:04/07/2025 ORDER WP NO. 16517 OF 2025 i? 5 li SEP 2025 g ^ . Current Section . ^ DISPOSING OF THE WP, WITHOUT COSTS