APHC010343072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17450/2025 Between: 1. PALLA TULASAMMA, W/O. PENCHALA REDDY, AGED ABOUT 55 YRS, R/O. KUCHUPAPA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. 2. PUTTA VIJAYA,, W/O. NAGA SUBBA REDDY, AGED ABOUT 55 YRS, R/O. KUCHUPAPA VILLAGE, CHAPADU MANDAL, YSR KADAPA DIST. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, JAMMALA MADUGU, YSR KADAPA DISTRICT. 4. THE MANDAL TAHSILDAR, CHEPADU MANDAL, YSR KADAPA DISTRICT. 5. THE STATION HOUSE OFFICER, CHEPADU POLICE STATION, YSR KADAPA DISTRICT. 6. PALEMPALLE CHINNA ESWAR REDDY, S/O. P. BYPU REDDY, R/O. KUCHUPAPA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. 7. PALEMPALLE PAVAN KUMAR REDDY, S/O. P. BALI REDDY, R/O. KUCHUPAPA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. 8. NANDIMENDALAM VENKATA SUBBA REDDY, S/O. N. CHINNA PULLA REDDY, R/O. KUCHUPAPA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. 9. NANDIMENDALAM NAGESWAR REDDY, S/O. N. RAMA SUBBA REDDY, R/O. KUCHUPAPA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. 10. PUTTA YELLA REDDY, S/O. P. CHINNA YELLA REDDY, R/O. KUCHUPAPA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. 11. PUTTA NARAYANA REDDY, S/O. P. PEDDA SIDDA REDDY, R/O. KUCHUPAPA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the Respondents No. 2 to 5 in trying to dispossess the petitioners from the land being an extent of Ac. 3.09 cents in Sy. No. 126 (LPM No. 536) (1st petitioner) and Ac. 4.40 cents in Sy. No. 157 (LPM No. 420) (2 petitioner) Kucchupapa Revenue Village, Chepadu Mandal, YSR Kadapa District, as illegal, arbitrary and violation of principles of natural justice and violative article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents no. 2 to 5 not to interfere in the above said subject land and pass such IA 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 Respondents no. 2 to 5 not to dispossess the petitioners from the land being an extent of Ac. 3.09 cents in Sy. No. 126 (LPM No. 536) (P’^ petitioner) and Ac. 4.40 cents in Sy. No. 157 (LPM No. 420) (2nd petitioner) respectively situated at Kucchupapa Revenue Village, Chepadu Mandal, YSR Kadapa District, pending disposal of the main writ petition, and pass such Counsel for the Petitioner(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17450/2025 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents, more particularly, respondent Nos. 2 to 5 in trying to dispossess the petitioners from the land admeasuring to an extent of Ac.3.09 cents in Sy.No.126 (LPM No.536) (1st petitioner) and Ac.4.40 cents in Sy.No.157 (LPM No.420) (2nd petitioner) situated at Kucchupapa Revenue Village, Chepadu Mandal, YSR Kadapa District without following due process of law as illegal and arbitrary; consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners. 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners without following due process of law. 4. Learned Government Pleader for Revenue submits that, if the petitioners are in possession of their respective subject property, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law 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 ”. Therefore, if the petitioners are in possession of their respective subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of their respective subject property of the petitioners, except by due process of law. 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:11.07.2025 BSP 12004 (1) SCC 769 161 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:17450/2025 Date:11.07.2025 BSP