! APHC010332532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY. THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16837 OF 2025 Between: 1. Nakka Pentayya Reddy, S/o Peda Ramulu, aged 62 years, R/o 4-30, Nakkavanipalem, Pedagantyada, Appikonda (Part-Rural Mandal, Visakhapatnam District. 2. Gondesh Bhulokamma, W/o Musalayya, aged 54 years, R/o21-64-7/2 T.G.R. Nagar, Siddheswaram, Pedagantyada Village and Mandal Visakhapatnam District. 3. Pitta Ramulu, S/o Bhulokamma died(Patta Holder), aged 37 R/021-61-11 Visakhapatnam District. years, Siddeswaram, Pedagantyada Village and Mandal, 4. Pitta Ramana, C/o Bhulokamma, (Satyavathi-Mother-Patta Holder) died, aged 37 years, R/o21-61-l, Siddeswaram, Pedagantyada Village and Mandal, Visakhapatnam District. 5. Gondesh Sathyavathi, W/o Durga Rao, aged 46 years. R/o Devada and T. Devada Post, Visakhapatnam District. 6. Nakka Venkata Lakshmi, /o Pentayya Reddy, aged 50 Palavalasa, Nakkavanipalem, Visakhapatnam District. 7. Madasi Nagamani, W/o Gopala Rao, aged 58 years. House Wife, R/o 22-117- 1/11, Dayal Nagar, Pedagantyada, Pedagantyada Village and Mandal, Visakhapatnam District. years, R/o T. Devada Pedagantyada. Mandal, f 8. Yatam Madhavi, W/o Y. Ramesh, aged 45 years. House Wife, R/o 22- 117- 1/32A, Pedagantyada Village and Mandal, Visakhapatnam. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings Vegalapudi, Amaravathi. 2. The District Collector, Visakhapatnam District, Visakhapatnam. 3. The Tashisladar, Pedagantyada Revenue Mandal, Visakhapatnam District, Visakhapatnam. 4. The Greater Visakhpatnam Municipal Corportion, Rep by its Commmissioner, Visakhapatnam District, Visakhapatnam. 5. The Village Secretariat, Pedagantyada, Visakhapatnam District, Visakhapatnam. ...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 a Writ in the nature of Mandamus declaring the action of the 2nd to 5th respondents in interfering with possession and enjoyment of the House Site Pattas which were granted to the Petitioners vide Plot Nos. 57, 58, 60, 61,59, 56 105 and 106 each respectively and extents 99 Sq. Yards each in Sy No. 43/1 and Sy No. 274/P respectively granted House Site Pattas under B.S.0.N0.21(7)(11), vide proceedings vide Rc. No.509/98, dated 09-04-1998 and Rc. No. 526/03, 07-11-2003 respectively of the then Mandal Revenue Officer, situated at Pedagantyada Village and Pedagantyada Mandal, Visakhapatnam District, is illegal. Arbitrary, violation of Principals of Natural Justice, without follow due process of Law and also violation of Fundamental Rights under the Constitution of India and also violation land rights under the Constitution of India. 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 2"^^ to 5**^ respondents not to interfering with possession and enjoyment of the House Site Pattas which were granted to the Petitioners vide Plot Nos. 57, 58, 60, 61, 59, 56 105 and 106 each 99 Sq. Yards each in Sy No. 43/1 and Sy No. 274/P granted House Site Pattas under B.S.0.N0.21(7)(11), vide proceedings dated 09-04-1998 and Rc. No. 526/03, 07-11-2003 respectively situated Pedagantyada Village and Pedagantyada Mandal, Visakhapatnam District Visakhapatnam pending the above Writ Petition. respectively and extents vide Rc. No.509/98, at Counsel for the Petitioners: SRI G SIMHADRI Counsel fo.r the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent No.5: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) The Court made the following order: APHC010332532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0MS [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16837/2025 Between: 1.NAKKA PENTAYYA REDDY, S/0 PEDA RAMULU, AGED 62 YEARS R/0 4-30, NAKKAVANIPALEM, PEDAGANTYADA, APPIKONDA (PART-RURAL MANDAL, VISAKHAPATNAM DISTRICT. 2.GONDESH BHULOKAMMA, W/0 MUSALAYYA, AGED 54 YEARS, R/021-64-7/2, T.G.R. NAGAR, SIDDHESWARAM, PEDAGANTYADA VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. 3.P|TTA RAMULU, S/0 BHULOKAMMA DIED(PATTA HOLDER), AGED 11. SIDDESWARAM, PEDAGANTYADA 37 YEARS, R/021-61- VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. 4. PITTA RAMANA, C/O BHULOKAMMA, (SATYAVATHI-MOTHER- PATTA HOLDER) DIED, AGED SIDDESWARAM, VISAKHAPATNAMDISTRICT. 5.GONDESH SATHYAVATHI, W/0 DURGA RAO, AGED 46 YEARS, R/0 DEVADA AND T. DEVADA POST, VISAKHAPATNAM DISTRICT. 6.NAKKA VENKATA LAKSHMI, /O PENTAYYA REDDY, AGED 50 YEARS, R/0 PALAVALASA, PEDAGANTYADA, MANDAL, VISAKHAPATNAM DISTRICT. ATNAM DISTRICT. 7.MADASI NAGAMANI, W/0 GOPALA RAO, AGED 58 YEARS. HOUSE WIFE, R/0 22-117- PEDAGANTYADA VILLAGE AND MANDAL, 37 YEARS, R/021-61-L, PEDAGANTYADA VILLAGE AND MANDAL, NAKKAVANIPALEM, T.DEVADA 1/11, DAYAL NAGAR, PEDAGANTYADA, VISAKHAPATNAM 2 DISTRICT. 8.YATAM MADHAVI, 8W/0 Y. RAMESH, AGED 45 YEARS. HOUSE 1/32A. PEDAGANTYADA VILLAGE AND WIFE, R/0 22-117- MANDAL, VISAKHAP ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, AREP BY ITS PRINCIPAL SECRETARIAT SECRETARY, REVENUE BUILDINGS VEGALAPUDI, AMARAVATHI. DEPARTMENT 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE TASHISLADAR, PEDAGANTYADA REVENUE MANUAL, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 4.THE GREATER VISAKHPATNAM MUNICIPAL CORPORTION, REP VISAKHAPATNAM DISTRICT. BY ITS COMMMISSIONER, VISAKHAPATNAM. 5.THE VILLAGE SECRETARIAT, PEDAGANTYADA, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. ...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 a Writ in the nature of Mandamus declaring the action of the 2ND to 5TH respondents in interfering with possession and enjoyment of the House Site Pattas which were granted to the Petitioners vide Plot Nos. 57, 58,60, 61, 59, 56 105 and 106 each respectively and extents 99 Sq. Yards each in Sy No. 43/1 and Sy No. 274/P respectively granted House Site Pattas under B.S.0.N0.21(7)(11), vide proceedings vide Rc. No.509/98, dated 09-04- 1998 and Rc. No. 526/03, 07-11-2003 respectively of the then Mandal Revenue Officer, situated at Pedagantyada Village and Pedagantyada Mandal, Visakhapatnam District, is illegal. Arbitrary, violation of Principals of Natural Justice, without follow due process of Law and also violation of Fundamental Rights under the Constitution of India and also violation land rights under the Constitution of India and pass 3 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 Counsel for the Petitioner(S): 1.G SIMHADRI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16837/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2'’^ to respondents in interfering with possession and enjoyment of the House Site Pattas which were granted to the Petitioners vide Plot Nos.57, 58,60, 61, 59, 56, 105 and 106 each respectively and extents 99 Sq. Yards each in Sy.No. 43/1 and Sy. No.274/P respectively granted House Site Pattas under B.S.0.N0.21 (7)(11), vide proceedings vide Rc. No.509/98, dated 09.04.1998 and Rc.No.526/03, of the then Mandal Revenue situated at Pedagantyada Village and Pedagantyada Mandal, Visakhapatnam District, is illegal, arbitrary, violation of Principals of Natural Justice, without follow due process of Law and also violation Fundamental Rights under the Constitution of India and also violation land rights under the Constitution of India and pass such other order. ” 07.11.2003 respectively Officer, of 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the subject properties, without following due process of law. 3. Learned Assistant Government Pleader for the respondents furnished written instructions dated 08.07.2025 issued by the S'"' respondent, wherein it is stated as follows; 5 "The pattas submitted by the petitioners said to be granted by the Mandal Revenue Officer are not correct and those are all fabricated. No revenue officials have ever visited the said site and never tried to create problem in subject lands as the subject lands are vacant on ground as on today. Even after almost 25 years there are no structures in subject lands. The subject vacant land is In control of Revenue Department. Moreover the petitioners failed to construct the house within the period as per the conditions in the patta and as such the petitioner violated the condition of patta and in view of the same, they are not entitled for any relief in the present Writ Petition. Petitioners without having any title and with fabricated documents filed the present writ petition and the petitioners are not in the possession of the subject lands hence the question of dispossession does not arise. Due to increasing land value, the petitioners are willfully trying to grab the valuable government land with malafide intention. ” 4. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by the learned Assistant Government Pleader for the respondents, it is observed that when the petitioners are in settled possession and enjoyment of the subject properties, they 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. I 6 M.Varadappa Naidu (Dead) by L.Rs.^”. Therefore, if the petitioners are in possession of the subject properties, the respondents directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject properties, except by following due process of law. are 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. 1 2004 (1)SCC 769 / Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SE OFRCER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings * Vegalapudi, Amaravathi. 2. The District Collector, Visakhapatnam District, Visakhapatnam. 3. The Tashisladar, Pedagantyada Revenue Mandal, Visakhapatnam District, Visakhapatnam. 4. The Commmissioner, Greater Visakhpatnam Municipal Corportion, Visakhapatnam District, Visakhapatnam. 5. The Village Secretariat, Pedagantyada, Visakhapatnam District, Visakhapatnam. 6. One CC to Sri G Simhadri Advocate [OPUC] 7. One CC to Sri Y Koteswara Rao (SC for ZPPS, MPPS & GP) Advocate [OPUC] 8. One CC to Sri A S C Bose (SC for Municipal Corporations), Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF HIGH COURT DATED: 11/07/2025 ORDER WP NO. 16837 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS