APHC010338382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^0 TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16955 OF 2025 Between: C Vikas Reddy, S/o, Devender Reddy, Aged about 26 years, D.NO.6-10- 388,Tirupati, VTC Tirupati Urban, Singalagunta, Chittoor District,Andhra Pradesh-517501. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principle Secretary, Revenue Department, 4th Block, Ground Floor, Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The District Collector, Vivekananda Bhavan, Vellore Road, Chittoor District, Andhra Pradesh. 3. The Joint Collector, Vivekananda Bhavan, Vellore Road District, Andhra Pradesh 4. The Revenue Divisional Officer, Palamaner, Andhra Pradesh. 5. The Tahsildar, Sadum Mandal, Chittoor District, Andhra Pradesh. 6. The VRO, (Village Revenue Officer), Sadum Village, Sadum Mandal Chittoor District, Andhra Pradesh. Chittoor Chittoor District, ...Respondents (Cause title is amended as per the Court’s Order dt.25.07.2025 in I.A.No.03 of 2025 in writ petition and affidavit) 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, particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in making efforts to dispossess and interfere with the peaceful continuous physical enjoyment property of the petitioner i.e., subject land to an extent of AC. 0.57 cents in sy.no.50/4, extent of AC. 0.58 cents in sy.no.50/6A and extent of AC. 0.31 cents in sy.no.50/7 in total AC. 1.46 cents,extent of AC. 0.58 cents in sy.no.50/6A and extent of AC. 0.31 cents in sy.no.50/7 in total AC.1.46 cents of Sodam village, Sodam Mandal, Chittoor,Andhra Pradesh Sodam as illegal, irregular, arbitrary, and in violation of Articles 14, 19, 21, and 300-A of the Constitution of India, and also contrary to the principles laid down by the Honble Supreme Court in Rame Gowda v. M. Varadappa Naidu, [2003 LawSuit (SC) 1248] and Consequently, the petitioner prays that this Hon’ble Court may be pleased to direct the respondents not to interfere with the petitioners peaceful possession and enjoyment of the subject land to extent of AC. 0.57 cents in sy.no.50/4, sy.no.50/6A and extent of AC. 0.31 cents in sy.no.50/7 in total AC.1.46 cents of Sodam village Sodam Mandal, Chittoor, Andhra Pradesh Sodam and to an extent of AC. 0.58 cents in 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 may be pleased to direct the respondent not to interfere and dispossess the petitioner from subject land to an extent of AC. 0.57 cents in sy.no.50/4, extent of AC. 0.58 cents in sy.no.50/6A and extent of AC. 0.31 cents in sy.no.50/7 in total AC.1.46 cents of Sodam village, Sodam Mandal, Chittoor,Andhra Pradesh Sodam pending disposal of the above writ petition and to pass. Counsel for the Petitioner: SRI THOMMANDURU V SARADHI Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: 1: APHC010338382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^0 si [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16955/2025 Between: 1.C VIKAS REDDY, S/0, DEVENDER REDDY, AGED ABOUT 26 YEARS, D.NO.6-10-388, TIRUPATI, VTC TIRUPATI URBAN, SINGALAGUNTA, CHITTOOR DISTRICT, ANDHRA PRADESH- 517501. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, VIVEKANANDA BHAVAN, VELLORE ROAD, CHITTOOR DISTRICT, ANDHRA PRADESH. 3.THE JOINT COLLECTOR, VIVEKANANDA BHAVAN, VELLORE ROAD, CHITTOOR DISTRICT, ANDHRAPRADESH 4. THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT, ANDHRA PRADESH. 5.THE TAHSILDAR, SADUM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 6.THE VRO, (VILLAGE REVENUE OFFICER), SADUM VILLAGE, SADUM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Cause Title is amended as per the Court’s Order dt.25.07.2025 in I.A.No.03 of 2025 in Writ Petition and affidavit 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 issue a Writ, Order, or Direction, particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in making efforts to dispossess and interfere with the peaceful continuous physical enjoyment property of the petitioner i.e., subject land to n extent of AC. 0.57 cents in sy.no.50/4, extent of AC. 0.57 cents in sy.no.50/4, extent of AC. 0.58 cents in sy.no.50/6A and extent of AC. 0.31 cents in sy.no.50/7 in total AC. 1.46 cents,extent of AC. 0.58 cents in sy.no.50/6A and extent of AC. 0.31 cents in sy.no.50/7 in total AC.1.46 cents of Sodam village, Sodam Mandal, Chittoor,Andhra Pradesh Sodamas illegal, irregular, arbitrary, and in violation of Articles 14, 19, 21, and 300-A of the Constitution of India, and also contrary to the principles laid down by the Honble Supreme Court in Rame Gowda v. M. Varadappa Naidu, 2003 LawSuit (SC) 1248 and Consequently, the petitioner prays that this Honble Court may be pleased to direct the respondents not to interfere with the petitioners peaceful possession and enjoyment of the subject land to an extent of AC. 0.57 cents in sy.np.50/4, extent of AC. 0.58 cents in sy.no.50/6A and extent of AC. 0.31 cents in sy.no.50/7 in total AC. 1.46 cents of Sodam village Sodam Mandal, Chittoor,Andhra Pradesh Sodam and to pass such Counsel for the Petitioner: 1 .THOMMANDURU V SARADHI Counsel for the Respondent(S): ;3 ff THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16955/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of 1. India seeking the following relief: “..to issue a Writ Order or Direction particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in making efforts to dispossess and interfere with the peaceful continuous physical enjoyment property of the petitioner i.e., subject land to an extent of AC 0.57 cents in Sy.No. 50/4, extent of Ac.0.58 cents in Sy.No.50/6A and extent of Ac.0.31 cents in Sy.No.50/7 in total Ac.1.46 cents of Sodam Village, Sodam Mandal, Chittoor District, Andhra Pradesh as illegal, irregular, arbitrary, and in of Articles 14, 19, 21 and 300A of the Constitution of India and also contrary to the principles laid down by the Hon’ble Supreme Court in Rame Gowda V. M. Varadappa Naidu [2003 LawSuit (SC) 1248] and Consequently _ , that this Hon'ble Court may be pleased to direct the not to interfere with the petitioner's peaceful possession and extent of AC.0.57 cents in Sy.No.50/4, violation ■j " the petitioner prays respondents i enjoyment of the subject land to an extent of Ac.0.58 cents in Sy.No.50/6A and extent of Ac.0.31 cents in Sy.No.50/7 in total Ac. 1.48 cents of Sodam Village, Sodam Mandal, Chittoor, Andhra Pradesh and to pass...” During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents to dispossess the petitioner from his land, without following due process of 2. not law. Learned Assistant Government Pleader for Respondents, admitted that the petitioner is in continuous possession of subject land and the respondent authorities would follow due process of law and requested to pass appropriate orders. 3. / :4 4. Learned counsel for the Petitioner submits that the petitioneris a farmer eking-out his livelihood by doing agriculture. The petitioner is in peaceful possession and enjoyment over the subject land to an extent of Ac.0.57 cents in Sy.No.50/4, extent of Ac.0.58 cents in Sy.No.50/6A and extent of Ac.0.31 cents in Sy.No.50/7 in total Ac.1.46 cents of Sodam Village, Sodam Mandal, Chittoor, Andhra Pradesh. Learned counsel for the petitioner submits that the petitioner herein is the grand-son of Smt. Savithramma, who executed a voluntary gift declaration dated 17.12.2015, conveying the subject land in favour of the petitioner out of her own free will and without any coercion. Since then the petitioner has been in peaceful, continuous and uninterrupted possession and enjoyment of the said property. 5. While things stood thus, on 06.07.2025 at about 11:30 AM, the official respondents, accompanied by men and machinery, unlawfully entered the subject property and attempted to dispossess the petitioner and his family and issued threats to forcibly evict the petitioner, demonstrating a blatant abuse of power and disregard for the law. Hence the writ petition. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. 6. 5 Even assuming for a moment that this petitioner’s possession is illegal, still, the petitioner is 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 L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be of law. Therefore, the dispossessed, without following due process respondents are directed not to dispossess the petitioner from his property except by due process of law. 7, With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. sequel, interlocutory applications if any pending, shall stand As a closed. ^ 2004 (1)SCC 769 Sd/- K. TATA RAO deputy registrar //TRUE COPY// Officer SE To, Revenue Department, 4th Block, Ground Office, Velagapudi, Amaravathi, 1. The Principle Secretary Room No 135, A.P Secretariat Floor, Guntur Dist, Andhra Pradesh. District Collector, Vivekananda Bhavan , Vellore Road, Chittoor 2. The District, Andhra Pradesh. 3. The Joint Collector, Vivekananda Bhavan Vellore Road, Chittoor District, Andhra Pradesh Chittoor District, Divisional Officer, Palamaner, 4. The Revenue Andhra Pradesh. 5. The Tahsildar, Sadum Mandal, Chittoor District, Andhra Pradesh. / '■;1, 6. The VRO, (Village Revenue Officer), Sadum village, Sadum Mandal, Chittoor District., Andhra Pradesh. One CC to Sri. Thommanduru V Saradhi, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 7. 8. 9. Vna Note: Cause Title is amended as per Court Order dated 25.07.2025 in I.ANo.3 of 2025 in W.P.No.16955 of 2025. Substitute this amended order in place of earlier order which was dispatched on 18.07.2025 Sd/- K TATA RAO DEPUTY REGISTRAR HIGH COURT DATED:08/07/2n2S 25/07/2025 AMENDED ORDER WP NO. 16955 OF 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS