APHC010335972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17205/2025 Between: 1. GENDOLLA REDDAPPA,, S/O VENKATARAMANA, AGED ABOUT 39 YEARS, R/O. CHITTEMVARIPALLI, H/O ARIKELA VILLAGE, RAMASAMUDRAM MANDAL, ANNAMAYA DISTRICT. 2. GENDOLLA VEKATAPPA,, S/O VENKATARAMANA AGED ABOUT 50 YEARS, R/O. CHITTEMVARIPALLI, H/O ARIKELA VILLAGE, RAMASAMUDRAM MANDAL ANNAMAYA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI. 2. THE DISTRICT COLLECTOR, COLLECTORS OFFICE, RAYACHOTI ANNAMAYA DISTRICT. 3. THE MANDAL REVENUE OFFICER, RAMASAMUDRAM, ANNAMAYA DISTRICT. 4. THE VILLAGE REVENUE OFFICER, ARIKELA VILLAGE, RAMASAMUDRAM MANDAL, ANNAMAYA DISTRICT. 5. GENDOLLA ANJAPPA, S/O LATE TIMMAIAH, CHITTEMVARIPALLI VILLAGE, ARIKELA VILLAGE, RAMASAMUDRAM MANDAL, ANNAMAYA DISTRICT ...RESPONDENT(S): 2 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 may be pleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, directing the respondents particularly 5th respondent with the help of 3rdand 4th respondent herein, interfering with the peaceful possession of my agricultural lands and residential house Ad measuring land Ac. 0.25 cents in Survey No 200/3 L Ac. 0. 24 cents in Survey No 200/3L1 Ac. 0. 03 cents in survey No 202/6A and Ac. 0. 03 cents in survey No 202/6, in Arikela Village, Ramasamudram Mandal, Annamaya District., as illegal arbitrary, without following due process of law is highly illegal, arbitrary, violative of Article 21, 19(1)(g), and 300-A of the constitution of India. And consequently direct the respondents not to dispossess from the scheduled property in Ad measuring land Ac. 0.25 cents in Survey No 200/3 L Ac. 0. 24 cents in Survey No 200/3L1 Ac. 0. 03 cents in survey No 202/6A and Ac. 0. 03 cents in survey No 202/6, in Arikela Village, Ramasamudram Mandal, Annamaya District., and for other reliefs and 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 respondents not to interfere my peaceful possession of the petitioner property Ad measuring land Ac. 0.25 cents in Survey No 200/3 L Ac. 0. 24 cents in Survey No 200/3L1 Ac. 0. 03 cents in survey No 202/6A and Ac. 0. 03 cents in survey No 202/6, in Arikela Village, Ramasamudram Mandal, Annamaya District., and follow the due process of the law pending the disposal of Writ Petition; and pass Counsel for the Petitioner(S): 1. VINODIN RUTH MADAPALLI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17205/2025 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 directing the respondents particularly 5th respondent with the help of 3rd and 4th respondents herein, interfering with the peaceful possession of petitioners’ agricultural lands and residential house admeasuring to an extent of Ac.0.25 cents in Survey No.200/3, L Ac.0.24 cents in Survey No.200/3L1, Ac.0.03 cents in survey No.202/6A and Ac.0.03 cents in survey No.202/6, in Arikela Village, Ramasamudram Mandal, Annamaya District., as illegal, arbitrary, without following due process of law is highly illegal, arbitrary, violative of Article 21, 19(1)(g), and 300-A of the constitution of India and consequently direct the respondents not to dispossess from the scheduled property admeasuring to an extent of land Ac.0.25 cents in Survey No.200/3, L Ac.0.24 cents in Survey No.200/3L1, Ac.0.03 cents in survey No.202/6A and Ac.0.03 cents in survey No.202/6, in Arikela Village, Ramasamudram Mandal, Annamaya District and pass such other order.” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the official respondents. 3. Learned counsel for the petitioners submits that the petitioners are in peaceful possession and enjoyment of the subject property, having acquired the same from their ancestors. Further, pattadar passbooks were also issued in favour of the petitioners. While so, the respondents are interfering with the peaceful possession and enjoyment of the petitioners’ subject property. 4 4. Learned counsel for the petitioners further requested this Court to issue a direction to the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, without following due process of law. 5. Learned Government Pleader for the official respondents furnished written instructions dated 07.07.2025, wherein it is stated as follows: “Therefore, it was clearly evident that the respondents have never disturbed the possession of the petitioners at any point of time as the same is not registered by the Government for any public purpose. In addition, it was submitted that the respondents has never threatened to vacate their land and hence the averments made by the writ petitioner are all false and baseless. The writ petitioner has filed this present writ petition only on mere apprehensions and hence the present writ petition is liable to be dismissed as none of the official respondents has interfered with the possession of the writ petitioners at any time.” 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the official 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) 5 by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. It is further observed that the respondents are not interfering with the possession and enjoyment of the petitioners’ subject property. 7. Accordingly, the Writ Petition is disposed of directing the respondents, if the they intent to interfere with the peaceful possession and enjoyment of the petitioners’ subject property they shall follow due process of law. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1100..0077..22002255 TTPPSS 1 2004 (1) SCC 769 6 42 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:17205 of 2025 1100..0077..22002255 TTPPSS