APHC010338412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16954 OF 2025 11* Between: C Devendra Reddy, S/o Ramachandra Reddy, aged about 53 years, D.N0.6- 10-388,Tirupati. VTC Tirupati Urban, Singalagunta, Chittoor District,Andhra Pradesh-517501 ...Petitioner/s 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, Andhra Pradesh 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. 7. Cheenepalli Pujitha, VTC Tirupati Urban, Singalagunta, Chittoor,Andhra Pradesh-517501. ...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. 1 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 of AC.0.57cents in sy.no.50/7 of Urban, Singaiagunta, Chittoor, property of the petitioner i.e., extent Ammagaripalli Revenue village Tirupati Andhra Pradesh at the behest of unofficial respondent 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 Hon'ble 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 the petitioner's peaceful AC.0.57cents in direct the respondents not to interfere with possession and enjoyment of the property extent of sy.no.50/7 of Ammagaripalli Revenue village Tirupati Urban, Singaiagunta, Chittoor, Andhra Pradesh and to 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 to direct the respondent not to interfere and dispossess the petitioner from subject land extent of AC.0.57cents in sy.no.50/7 of Ammagaripalli Revenue village Tirupati Urban, Singaiagunta, Chittoor, Andhra Pradesh. Counsel for the Petitioner: SRI THOMMANDURU V SARADHI Counsel for the Respondents No.1 to 6: GP FOR REVENUE Counsel for the Respondent No.7: None appeared The Court made the following Order: 1 f / , ,N THE H.GH COURT OF ANDHRA PRADESH at amaravati (Special Original Jurisdiction) Ti IFSDAY the eighth day of JULY TOO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATESWARLU prT|TI<''M NO: 16954Bag§ APHC010338412025 [33291 01? NININIAGADDA THE HONOURABLE SRI WRIT «ODV, «= S, r«cT, ...PETITIONER 1 AND 1 THE STATE OF AP. groUNdVooR, ROOM '5i"frAp“i«™ST “SoSSr .»HR. PRAOtSH. - -=;:s^sr 2.THE ROAD 3.THE road, CHITTOOR . ppvenue divisional officer, palamaner, «r>R niSTRICT ANDHRA PRADESH. G„„00R O.STP.CT. CSRHCT tahsildar, 5.THE ANDHRA PRADESH. 6.THE VRO, (^;;^'^°f^TOOR SliTR°cTA^^^^ SADUN. MANDAL, CHITTOOR siNGALAGUNTA, 7.CHEENEPALL1 PUJITHA, VTC TlRUPATl -/ :2 / CHITTOOR, ANDHRA PRADESH-517501. / ...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. 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 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., extent of AC.0.57cents in sy.no.50/7 of Ammagaripalli Revenue village Tirupati Urban, Singalagunta, Chittoor, Andhra Pradesh at the behest of unofficial respondent 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 Hon'ble 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 petitioner's peaceful possession and enjoyment of the property extent of AC.0.57cents in sy.no.50/7 of Ammagaripalli Revenue village Tirupati Urban, Singalagunta, Chittoor, Andhra Pradesh and to pass Counsel for the Petitioner: 1.THOMMANDURU VSARADHI Counsel for the Respondent(S); 1.GP FOR REVENUE ' / 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NI MMAGAD DA WRIT PETITION NO: 16954/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; 1. "..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. 50/7 of Ammagaripalli Revenue Village, Tirupati Urban, Singalagunta, Chittoor, Andhra Pradesh at the behest of unofficial respondents as illegal, irregular, arbitrary and in violation 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 the petitioner prays that this Hon’ble Court may be pleased to direct the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the subject land to an extent of AC.0.57 cents in Sy.No.50/7 of Ammagaripalli Revenue Village, Tirupati Urban, Singalagunta, 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 not to dispossess the petitioner from his land, without following due process of 2. 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 3. orders. ;4 Learned counsel for the Petitioner submits that the petitioner acquired the subject land through a registered sale deed bearing No.124/2011, dated 08.04.2011, and has since been in peaceful and uninterrupted possession 4. thereof. Learned counsel for the Petitioner further submits that the Revenue 5. Department issued pattadar passbook to the petitioner bearing NO.10040YG007 in respect of Survey No.50/7, to an extent of Ac.0.57 cents situated in Ammagaripalli Village, Palamaneru Division, Sadhum Mandal, Chittoor District. 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. 6. 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. Even assuming for a moment that this petitioner’s possession is illegal, still. 7. 5 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 dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioner from his property, except by due process of law. With the above direction, the writ petition is disposed of, with the 8. consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. 1 2004 (1) see 769 Sd/- K. TATA RAO DEPUTY REGISJRAR //TRUE eOPY// SECTION OFFICER To, Department, 4th Block, Ground A.P Secretariat Office, Velagapudi, Amaravathi, 1. The Principle Secretary, Revenue Floor, Room No 135 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 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 District, r. Cheenepalli Fuji,ha, VTC Tirupa.i Urban, Singalagunta, Chi,.oor,Andhra Pradesh-517501. 8. One CC to Sri. Thommanduru 9. Two CCs to GP for REVENUE. Two CD Copies V Saradhi, Advocate [OPUC] High Court of Andhra Pradesh [OUT] 10. VNA order m place of earlier order which ' 25.07.2025 in Substitute this amended was dispatched on 18.07.2025 Sd/- K TATA RAO DEPUTY REGISTRAR high court DATED:n«/n7/on75 25/07/2025 \ \ amended order WP no. 16954 OF 2025 S( 1 I AUG 2025 IS iTTentSoctii ggATta «o ★ TjS; OF the writ PETITION WITHOUT