i APHC010339622025 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: 16960 OF 2025 Between: Sri Gudipati Chinnappa, S/o. Gudipati Vasanthu, Aged about 51 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 Secretary, 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, Mandal, Annamayya District. K.V.Palli ...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 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 extent of Ac.0.23 cents in Sy.No.205/2A and Ac. 1.10 cents i Sy.No.207/4A, situated Mattampalli village, K.V.Palli Mandal, Annamayya District by diggingJpp|holes in the property at the behest of local political leaders without in fotlowing 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. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with the peaceful possession and enjoyment of the property admeasuring an extent of Ac.0.23 cents in Sy.No.205/2A and Ac. 1.10 cents in Sy.No.207/4A, situated in Mattampalli village, K.V.Palli Mandal, Annamayya District without following due process of law, pending disposal Honourable court. of the Writ petition before this Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 & 6 : NONE APPEARED The Court made the following order: ::1:: APHC010339622025 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: 16960/2025 Between: 1.SRI GUDIPATI CHINNAPPA, S/0 GUDIPATI VASANTHU, AGED ABOUT 51 YEARS, OCC DUREVANDLAPALLI VILLAGE, MATTAMPALLI POST K.V.PALLI MANDAL, ANNAMAYYA DISTRICT. AGRICULTURE, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, 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 2 DISTRICT. 6.SRI MARUTHI, VILLAGE MATTAMPALLI VILLAGE, DISTRICT. REVENUE ASSISTANT, K.V.PALLI MANDAL, ANNAMAYYA ...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 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 extent of Ac.0.23 cents in Sy.No.205/2A and Ac 1.10 cents i Sy.No.207/4A, situated in K.V.Palli Mandal, in Mattampalli village, Annamayya District by digging potholes in the property at the behest of local political leaders without following due process of law is illegal, arbitraiy 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 pass such. an Counsel for the Petitioner: 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR REVENUE ;:3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16960/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the 1. 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 Sy.No.205/2A and Ac. 1.10 cents in Sy.No.207/4A, situated in an 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 pass such....’’ extent of Ac.0.23 cents in 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, 2. without following due process of law. Learned Assistant Government Pleader for Respondents, 3. admitted that the petitioner is in continuous possession of subject land 4 and the respondent authorities requested to pass appropriate orders. would follow due process of law and 4- Learned counsel for the the absolute extent of Ac.0.23 Sy.No.207/4A Annamayya District, which Petitioner submits that owner and possessor of the the petitioner is property, admeasuring an cents in Sy.No.205/2A and Ac.1.10 cents n situated at Mattampalli Village, K.V. Palli are petitioner’s ancestral Mandal, properties as well as the petitioner purchased Ac.0.38 cents i Doc.No. 1394 of 2014 Rani for valid holding other the property admeasuring an extent of in Sy.No.207/4 through registered Sale Deed dated 22.07.2014 from i vide its rightful owner Smt. K. the petitioner is also consideration, apart from the above properties which was also mutated in the revenue are ancestral properties and his name Khata that since several cultivating his property by raising paddy Maize, Red property with the help of Bore nearby canals of village Tank. Learned submits that in the month of April, 2025 in his property and putting water every day. records as Pattadar vide No.532. Learned counsel for the petitioner submits years the petitioner has been crop as well as other crops like Ground Nut, Sun Flower, CBram etc., m the above mentioned well and also the water floating from counsel for the Petitioner petitioner raised paddy crop i the V.^ / * ::5:: / . all of sudden the 4*'' respondent along with respondents 5 and 6 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. came 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 f I 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, 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 2004(1) see 769 6 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.205/2A and Sy.No.207/4A situated at Mattampalli Village, K.V. Palli Mandal Annamayya District. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 6. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Pradesh, 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. 7. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Department of Revenue, State of Andhra Cnr HIGH COURT DATED:08/07/2025 ORDER WP NO. 16960 OF 2025 ^ 2 *1 SEP 2025 J SectitaX' o»/ O' DISPOSING OF THE W.P. WITHOUT COSTS