APHC010338422025 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 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16953 OF 2025 Between: C. Nirupa, W/o. Devender Reddy, Aged about 43 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, 4^^ Block, Ground Floor, Room No. 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, 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. Marani Chinnakka, wife of late M. Krishnaiah, aged about 73 years. Door No. 754, Chinthalavaripalli, which is a hamlet of Thatiguntapale Village, located in Sodam Mandal, Chittoor District. m M Venkata Siddaiah, S/o Late M. Krishnaiah, aged about 56 years, Occ. Agriculture, resident of D.No.754, Chinthalavaripalli, H/o Thatiguntapalem Village, Sodam Mandal, Chittoor District. M Ramesh Babu, S/o Late M. Krishnaiah, aged about 39 years, Occ. Agriculture, resident of D.No.754, Chinthalavaripalli, H/o Thatiguntapalem Village, Sodam Mandal, Chittoor District. (Cause Title is amended as per the Courts Order dated 25.07.2025 in lA.No. 3 of 2025 in Writ Petition and affidavit) 8. 9. ...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 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.3.13 cents in Sy.No.1/1A and AC.0.08 cents in Sy.No.1/1,1/2 in total AC.3.21 cents of Sodam Village, Sodam Mandal, Chittoor, Andhra Pradesh at the behest of unofficial respondents 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 subject land to an extent of AC.3.13 cents in Sy.No. 1/1A and AC.0.08 cents in Sy.No.1/1,1/2 in total AC.3.21 cents of Sodam Village, Sodam Mandal, Chittoor, Andhra Pradesh. 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 the subject land to an extent of AC.3.13 cents in Sy.No. 1/1A and AC.0.08 cents in Sy.No.1/1,1/2 in total AC.3.21 cents of Sodam Village, Sodam Mandal, Chittoor, Andhra Pradesh and pass order or orders in accordance with law pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI T. VIJAYASARADHI Counsel for the Respondent Nos.1 to 6: ASST.GP FOR REVENUE Counsel for the Respondent Nos.7 to 9: The Court made the following order: / 1 $ r APHC010338422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16953/2025 Between: 1.C NIRUPA, W/0 DEVENDER REDDY, AGED ABOUT 43 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, ANDHRA PRADESH 4. THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT, ANDHRA PRADESH TAHSILDAR, SADUM MANDAL, CHITTOOR DISTRICT, ANDHRA 5. THE PRADESH. 6. THE VRO (VILLAGE REVENUE OFFICER), SADUM VILLAGE, SADUM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH 7.MARANI CHINNAKKA, WIFE OF LATE M. KRISHNAIAH, AGED ABOUT 73 YEARS. DOOR NO. 754, CHINTHALAVARIPALLI, WHICH 2 IS A HAMLET OF THATIGUNTAPALE M VILLAGE, LOCATED IN SODAM MANDAL, CHITTOOR DISTRICT. 8. M VENKATA SIDDAIAH, S/0 LATE M. KRISHNAIAH, AGED ABOUT OCC. AGRICULTURE, RESIDENT OF D. NO. 754, THATIGUNTAPALEMVILLAGE, 56 YEARS CHINTHALAVARIPALLI, H/0 SODAM MANDAL, CHITTOOR DISTRICT. 9. M RAMESH BABU, S/0 LATE M. KRISHNAIAH, AGED ABOUT 39 YEARS, OCC. AGRICULTURE, RESIDENT OF D. NO. 754, CHINTHALAVARIPALLI,H/0 SODAM MANDAL, CHITTOOR DISTRICT. (Cause Title is amended as per Courts Order dt.25.07.2025 in IA.No.03 of 2025 in Writ Petition and Affidavit) \ \ THATIGUNTAPALEM VILLAGE ...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 to 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.3.13 cents in sy.no.1/1A and AC.0.08 cents in sy.no.1/1,1/2 in total AC.3.21 cents of Sodam village, Sodam Mandal, Chittoor,Andhra Pradesh at the behest of unofficial respondents 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 subject land to an extent of AC.3.13 cents in sy.no.l/IA and AC.0.08 cents in sy.no.1/1,1/2 in total AC.3.21 cents of Sodam village, Sodam Mandal, Chittoor,Andhra Pradesh and to pass Counsel for the Petitioner: 1 .THOMMANDURU V SARADHI Counsel for the Respondent(S): 1.GP FOR REVENUE :3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16953/2025 This 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 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 3.13 cents in Sy.No. 1/1A and AC.0.08 cents in Sy.No.1/1, 1/2 in total AC.3.21 cents of Sodam village, Sodam Mandal, 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.3.13 cents in Sy.No. I/IA and AC.0.08 cents in Sy.No.1/1, 1/2 in total AC.3.21 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 not to dispossess the petitioner from her 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 \ 4. Learned counsel for the Petitioner submits possession and enjoyment over the subject land to that the petitioner is in an extent of Ac.3.13 cents in Sy.No.1/1A and Ac.0.08 cents in Sy.No.t/l, 1/2 in total Ac.3.21 cents of Sodam Village, Sodam Mandal, Chittoor, Andhra Pradesh since five decades. \ 5. Learned counsel for the Petitioner further submits Department issued pattadar passbook to the Katha No. 1928, based that the Revenue petitioner on 14.07.2023 vide on Application No.10Z40B0006, confirming petitioner’s title and possession over the subject land This revenue record further reinforces the petitioner’s claim and establishes her continuous and exclusive enjoyment of the said property. 6. While things stood thus on 06.07.2025 at about 11;30 AM, the official respondents, accompanied by and machinery, unlawfully entered the subject property and attempted to dispossess the petitioner men and her family and issued threats to forcibly evict the petitioner, demonstrating a blatant abuse of power and disregard for the law. Hence the writ petition. 7. It is settled proposition of law that when the possession and enjoyment of the property, the respondents petitioner is in settled are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents petitioner’s constitutional right guaranteed Constitution of India, besides violation of Article 14 of the would amount to depriving the under Article 300-A of the Constitution of India. r Wr 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 LRs.\ when the 5 f petitioner is in settled possession and enjoyment of the property, she cannot of law. Therefore, the be dispossessed, without following due process directed not to dispossess the petitioner from her property. respondents are except by due process of law. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 8. interlocutory applications if any pending, shall stand As a sequel closed. 1 2004(1) see 769 Sd/- K TATA RAO DEPUTY REGI^RAR //TRUE eOPY// OFFieER SE !l To, 1. The Principle Secretary, Revenue Department, Block, Ground Floor Room No. 135, State of Andhra Pradesh Secretariat Velagapudi, Amaravathi, Guntur District. 2. The District eollector, Vivekananda Bhavan, Vellore Road, ehittoor District, Andhra Pradesh 3. The Joint eollector, Vivekananda Bhavan, Vellore Road, ehittoor District, Andhra Pradesh 4. The Revenue Divisional Officer, Palamaner, ehittoor District, Andhra Pradesh 5. The Tahsildar, Sadum Mandal, ehittoor District, Andhra Pradesh 6. The VRO (Village Revenue Officer), Sadum Village, Sadum Mandal, ehittoor District. Andhra Pradesh Office, 7. Marani Chinnakka, Wife of late M. Krishnaiah, aged about 73 years. Door No. 754, Chinthalavaripalli, which is a hamlet of Thatiguntapale m Village, located in Sodam Mandal, Chittoor District. 8. M Venkata Siddaiah, S/o Late M. Krishnaiah, aged about 56 years. Agriculture, resident of D.No.754, Chinthalavaripalli, H/o Thatiguntapalem Village, Sodam Mandal, Chittoor District. 9. M Ramesh Babu, S/o. Late M. Krishnaiah, aged about 39 years, Occ: Chinthalavaripalli, / Occ: H/o D.No.754, Agriculture, Resident of Thatiguntapalem Village, Sodam Mandal, Chittoor District. 10. One CC to Sri T. Vijayasaradhi, Advocate [OPUC] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. Gl efj) Note:- Cause Title is amended as per Court Order dated 25.07.2025 in lA. No. 3 of 2025 in WP. No. 16953 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:08/07/2025 25/07/2025 AMENDED ORDER WP No.16953 OF 2025 a " AUG 2025 K ^5- Ofi|!!KntS«cticji.xv$^ ''■5S5£4uass&^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS