::1:: APHC010339522025 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: 16959/2025 Between: 1. SRI MUKKARA RAVINDRA NAIDU, S/O MUKKARA MALLAIAH, AGED ABOUT 47 YEARS, OCC AGRICULTURE, DUREVANDLAPALLI VILLAGE, MATTAMPALLI POST, K.V.PALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, K.V.PALLI MANDAL, ANNAMAYYA DISTRICT. 5. SRI M DEENA KUMAR, VILLAGE REVENUE OFFICER, MATTAMPALLI VILLAGE, K.V.PALLI MANDAL, ANNAMAYYA DISTRICT. 6. SRI MARUTHI, VILLAGE REVENUE ASSISTANT, MATTAMPALLI VILLAGE, K.V.PALLI MANDAL, ANNAMAYYA 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 issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 4 to 6 in interfering with the peaceful possession and enjoyment of the property admeasuring an extent of Ac.0.80 cents in Sy.No.207/1, situated in Mattampalli village, K.V.Palli Mandal, Annamayya District by digging potholes in the property at the behest of local political leaders without following due process of law is illegal, arbitrary and unconstitutional and also violation of principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the above mentioned property Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16959/2025 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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 4 to 6 in interfering with the peaceful possession and enjoyment of the property admeasuring an extent of Ac.0.80 cents in Sy.No.207/1, situated in Mattampalli Village, K.V.Palli Mandal, Annamayya District by digging potholes in the property at the behest of local political leaders without following due process of law is illegal, arbitrary and unconstitutional and also violation of principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the above mentioned property and to pass...” 2. 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 law. 3. 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. ::4:: 4. Learned counsel for the Petitioner submits that the is the absolute owner and possessor of the property admeasuring an extent of Ac.0.80 cents in Sy.No.207/1, situated in Mattampalli Village, K.V. Palli Mandal, Annamayya District, which is petitioner’s ancestral property and the name of the petitioner is also mutated in the revenue records as Pattadar vide Khata No.561. Learned counsel for the petitioner submits that since several years the petitioner has been cultivating his property by raising paddy crop as well as other crops like Ground Nut, Sun Flower, Maize, Red Gram etc., in the above mentioned property with the help of Bore well and also the water floating from nearby canals of village Tank. Learned counsel for the Petitioner submits that in the month of April, 2025 the petitioner raised paddy crop in his property and putting water every day, all of sudden the 4th respondent along with respondents 5 and 6 came with JCB and Tractor ploughed the paddy field and made pothole and separated the property into two parts without assigning any reasons, the surrounding villagers who are holding properties adjacent to the petitioner’s property also objected their acts, but, he did not heed their words and made pothole nearly two meters depth, due to which the petitioner is not able to enter his property for cultivation. Hence the writ petition. 5. 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 ::5:: 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, 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.1, 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 interfere with the peaceful possession and enjoyment of the petitioner’s property in respect of land in Sy.No.207/1, situated at Mattampalli Village, K.V. Palli Mandal, Annamayya District. 6. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 08.07.2025 krk 1 2004 (1) SCC 769 ::6:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA 120 WRIT PETITION NO.16960 of 2025 08.07.2025 krk