V APHC010343152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17134 OF 2025 Between: G. Venkataramaiah, S/o. Late Chinna Kataiah, Aged about 57 years, R/o. Kandada Harijanawaada, Yerpedu Mandal, Tirupati District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District - 522 503. 2. The Collector and District Magistrate, Tirupati District, Tirupati. 3. The Revenue Divisional Officer, Srikalahasti Mandal, Tirupati District. 4. The Tahsildhar, Yerpedu Mandal, Yerpedu, Tirupati District. ...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, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents exclusively the 4th Respondent and his staff in trying to interfere the peaceful possession and enjoyment of the petitioner's agricultural land i.e., S.No.269/4 of an extent of Ac.2.29 cents situate in Kandada Village, Yerpedu Mandal, Tirupati District without following due process of law as arbitrary, illegal, violation of under Articles 14, 21 and 300-A of Constitution of India and against to the well settled principles of natural justice. 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 4*^ Respondent and his staff not to interfere with the Petitioner’s peaceful possession and enjoyment of the agricultural land i.e., S.No.269/4 of an extent of Ac.2.29 cents situate in Kandada Village, Yerpedu Mandal, Tirupati District, during the pendency of the Writ Petition before this Hon’ble Court. Counsel for the Petitioner: SRI VENKATA DURGA RAO ANANTHA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: T APHC010343152025 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: 17134/2025 Between: 1.G. VENKATARAMAIAH,, S/0 LATE CHINNA KATAIAH, KANDADA AGED ABOUT 57 YEARS HARIJANAWAADA, YERPEDU MANUAL, TIRUPATI DISTRICT R/0 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522 503. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, TIRUPATI DISTRICT, TIRUPATI. 3.THE REVENUE DIVISIONAL OFFICER, SRIKALAHASTI MANDAL, TIRUPATI DISTRICT. 4.THE TAHSILDHAR, YERPEDU MANDAL, YERPEDU TIRUPATI 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 to issue a Writ order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents exclusively the 4th Respondent and his staff in trying to interfere the peaceful possession and enjoyment of the petitioner's agricultural land i.e., S.No.269/4 of an extent of Ac.2.29 cents situate in Kandada Village, Yerpedu Mandal, Tirupati District without following due process of law as arbitrary, illegal, violation of under Articles 14, 21 and 300-A of Constitution of India and against to the well settled principles of natural justice Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1.GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17134/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue a Writ order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents exclusively the 4‘^ Respondent and his staff in trying to interfere with the peaceful possession enjoyment of the petitioner's agricultural land i.e., S.No.269/4 of an extent of Ac.2.29 cents situate in Kandada Village, Yerpedu Mandal process of law as arbitrary, illegal, violation of under Articles 14, 21 and 300-A of Constitution of India and against to the well settled principles of natural justice and to pass..." 1. and Tirupati District without following due 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. 2. Learned Assistant Government Pleader for Respondents, admitted that if the petitioner is in continuous possession of 3. :4 subject land and the respondent authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioner submits that the petitioner is cultivating the land since so many years in Survey No.269/4 to an extent of Ac.2.29 cents. Recognizing the petitioner’s possession and enjoyment of the property by confirming the same the Tahsildar issued a DKT patta in favour of the petitioner vide DKT Patta No.2029/4/90, dated 08.03.1981 and since then the petitioner has been cultivating the land by spending huge amounts without any interruption from anybody. Learned counsel for the petitioner also submits that earlier aggrieved by the action of the 4‘^ respondent in not updating ownership particulars of the petitioner in the web land record maintained by the 1®* respondent for the subject land, the petitioner filed WP No.1033/2019 and this Hon’ble Court pleased to dispose of the said writ petition on 13.02.2019 by giving liberty to the petitioner to submit an appropriate application in Form-6A as per the procedure, within two weeks from the date of receipt of the said order. In pursuant of the said order, the 4*'^ was 5 respondent mutated petitioner’s land in the web land over the subject land. While things stood thus, on 04.07.2025 and 07.07.2025 the 5. staff of the 4*^ respondent came to subject land and trying to interfere with petitioner’s peaceful possession over the subject property with the influence of the third parties in the village and they openly proclaim that they are going to take possession over the property. Hence the writ petition. It is settled proposition of law that when the petitioner is in 6. 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 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 6 (dead) by LRs. v ■ M.Varadappa Naidu (Dead) by LRs.^ , when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, process of law. Therefore, the dispossess the petitioner without following due respondents are directed not to from his property, except by due process of law. 7. With the above direction with the consent of both the the writ petition is disposed of, counsel. No costs. As a sequel, interlocutory applications stand closed. ^4 (1) SCC7M if any pending, shall PRASADA registrar Sd/-B assistant //TRUE COPY// [6noff\cer SEC To. 1. The Principal Secretary, Government of Andhra Amaravathi, Guntur District Revenue Department, State Pradesh, Secretariat of Andhra Pradesh, Buildings, Velagapudi, - 522 503. 2. The collector arrd District Magistrate, TIrupatl District, TIrupatl. 4' tL T"' • he Tahstidhar, Yerpedu Martdal, Yerpedu, TIrupatl District 5. One CC to Sn Venkata Durga Rao 6. Two CCS to GP for Revenue, 7. Two CD Copies Anantha, Advocate [OPUC] High Court of Andhra Pradesh [OUT] Cnr HIGH COURT DATED:09/07/2025 ORDER WP NO. 17134 OF 2025 •j* ^ t t AUG 2025 jg i^Xirntnl S«ctisi)X*7 DISPOSING OF THE W.P. WITHOUT COSTS