V APHC010342922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) K0 0^ WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17120 OF 2025 Between: Smt. Guwala Sampoorna, W/o Nagaraja, Aged about 39 years, Occ House wife. Resident of Cheenevandlapalli H/o Rayavaram Village, T.Sundupalli 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 Tahsildar, T.Sundupalli Mandal, Annamayya District. 4. The Rayavaram Grampanchayat, Rep. by its Panchayat Secretary, T.Sundupalli Mandal, Annamayya District. 5. The Sub Inspector of Police, T.Sundupalli Police Station District. Annamayya ...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 3 to 5 in interfering and trying to remove the basement of residential house made by the petitioner in the property admeasuring an extent of Ac.0.03 cents in Sy.No.831, situated in Cheenevandlapalli H/o Rayavaram Village Annamayya District which is subject matter of Possession Certificate bearing T.Sundupalli Mandal 1 <' Ref.No.325/1415, dated 15-02-2012 on the file of 3'"* respondent without following due process of law is illegal, arbitrary, highhanded and violation of Article 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the house 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 petition, the High Court may be pleased to direct the respondents 3 to 5 not to interfere / demolish with the construction of residential house in the property admeasuring an extent of Ac.0.03 cents in Sy.No.831 situated in Cheenevandlapalli H/o Rayavaram Village, T.Sundupalli Mandal, Annamayya District belonging to the petitioner, pending disposal of the Writ petition. Counsel for the Petitioner: SRi VUTUPALLi RAJANNA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: » 1 ' APHC010342922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17120/2025 Between: 1.SMT. GUWALA SAMPOORNA, W/0 NAGARAJA, AGED ABOUT 39 YEARS, OCC HOUSE WIFE, RESIDENT OF CHEENEVANDLAPALLI H/0 RAYAVARAM VILLAGE, T.SUNDUPALLI 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 TAHSILDAR, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 4.THE RAYAVARAM GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 5.THE SUB INSPECTOR OF POLICE, T.SUNDUPALLI POLICE STATION, ANNAMAYYA 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 topleased to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 5 in interfering and trying to remove the basement of residential house made by the petitioner in the property admeasuring an extent of Ac.0.03 cents in Sy.No.831, situated in Cheenevandlapalli H/o Rayavaram Village, T.Sundupalli Mandal, Annamayya District which is subject matter of Possession Certificate bearing Ref.No.325/1415, dated 15-02-2012 on the file of 3rdrespondent without following due process of law is illegal, arbitrary, highhanded and violation Article 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the house 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 petition, the High Court may be pleased pleased to direct the respondents 3 to 5 not to interfere / demolish with the construction of residential house in the property admeasuring an extent of Ac.0.03 cents in Sy.No.831, situated in Cheenevandlapalli H/o Rayavaram Village, T.Sundupalli Mandal, Annamayya District belonging to the petitioner pending disposal of the Writ petition before this Honourable court Counsel for the Petitioner: 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: of ' / 3 V THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGAD DA WRIT PETITION NO: 17120 of 2025 ORDER: 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 3 to 5 in interfering and trying to remove the basement of residential house made by the petitioner in the property admeasuring an extent of Ac.0.03 cents in Sy. No.831 situated in Cheenevandlapalli H/o.Rayavaram Village, T.Sundupalli Mandal, Annamayya District which is subject matter of Possession Certificate bearing Ref No.325/1415 dated 15.02.2012 on the file of 3'''^ respondent without following due process of law is illegal, arbitrary, highhanded and violation of Article 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the house property and pass such other order. ” 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 interfere with the peaceful possession and enjoyment of the petitioner’s subject property, without following due process of law. Learned Assistant Government Pleader for the respondents furnished written instructions dated 09.07.2025, wherein it is stated 2. 3. as follows; 7. / submit that as per RSR the land in Sy.No.831 Extent 3.99 Acres is classified as village site of Rayavaram village. 4 h 2. As per Wetland Adangal the land Extent 3.99 Acres are noted as Gram Kantam (Village Site). 3. As per House site register, the land in Sy.No.831 Extent 0.03 Acres possession certificate to the petitioner. 4. The petitioner who has submitted certificate to the Hon’ble High Court of A.P., Amaravati vide Ref.No.325/1415, dated 15.02.2012 is fake patta, as no such records was issued in the office of the Tahsildar, T.Sundupalle. in Sy.No.831 was not issued any house site possession 4. Having regard to the submissions counsel for the petitioner and the learned Assistant made by the learned Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, she cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in ‘Rame Gowda (dead) by LRs. V. M.Varadappa Naidu (Dead) by LRs.^’’. Therefore, if the petitioner is in possession of the subject are directed not to interfere with the enjoyment of the petitioner’s subject property due process of law. property, the respondents peaceful possession and except by following 2004 (1) see 769 5 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Department of Revenue, Secretariat 1. The Principal Secretary Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Tahsildar, T.Sundupalli Mandal, Annamayya District. Rayavaram Grampanchayat, T.Sundupalli 4. The Panchayat Secretary, Mandal, Annamayya District. 5. The Sub Inspector of Police, T.Sundupalli Police Station, Annamayya District. 6. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] GP for HOME, High Court of Andhra Pradesh [OUT] 7. Two CCs to 8. Two CCs to GP for REVENUE, High Court of Andhra Pradesh [OUT] 9. Two CD Copies VNA I' HIGH COURT DATED:09/07/2025 ORDER WP NO. 17120 OF 2025 gT 2 2 JUL 2025 \k Sectjop^^ Co DISPOSING OF THE WRIT PETITION WITHOUT COSTS %