1 APHC010354242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 18100/2024 Between: 1. PATTIPATI KALIKA, W/O PATTIPATI VENKATA KRISHNA (LATE), D.NO. 2-17, TIMMARAJUPALEM, YARNAGUDEM ROAD, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT COMPLEX, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, KOWUR, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, NIDADAVOLE MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. DASARI CHANDRA SEKHAR Counsel for the Respondent(S): 2 1. GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Ms. Rani Chowdhary M, learned Counsel appearing on behalf of Sri Dasari Chandra Sekhar, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. 2. The prayer sought in the Writ Petition is as under: “Therefore, it is prayed that this Hon’ble Court may be pleased to issue an appropriate writ, or order or direction, more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents even without notice or information or manner of right and interfering and trying to dispossess the petitioner from his property agricultural patta land admeasuring Ac.0.50 cents in Sy.No.855/2, situated at Nidadavole Village, Nidadavole Mandal, East Godavari District, A.P., without following due process of law as illegal, unsustainable, untenable against the law, void, arbitrary and violative of Principles of natural justice, and consequently direct the respondents to not to dispossess the petitioner from agricultural land admeasuring Ac.0.50 cents in Sy.No.855/2, situated at Nidadavole Village, Nidadavole Mandal, East Godavari District, A.P., without following due process of law and pass such other order or further orders as this Hon’ble Court deems just and proper.” 3. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Nidadavole, dated 19.08.2024. Copy of it is supplied to the Counsel for the Writ Petitioner as well and the same is taken on record. The relevant portion of the said Written Instruction is usefully extracted hereunder: “I further submit that the averment that, of the respondents are interfering even without issuing any notice or initiating proceedings, trying to measure and informed for acquisition for allotment of house plots without following the due process of law in respect of petitioner’s land is illegal, unsustainable, 3 untenable against law, void, arbitrary and violative of principles of natural justice. Even, if the respondent intend to acquire the petitioner property for the said scheme, they ought to have follow the procedure for acquisition of the property under the Act 2013 and even without payment of any compensation or initiation of proceedings, interfering with the petitioner’s possession and enjoyment of the property in question is highly objectionable, unsustainable, against law, as well as principles of natural justice. It is submit that the respondents never trying to dispossess the petitioner even without following the process of due process of law and the question of the petitioner will be put to severe loss and hardship does not arise.” 4. The above extract would indicate that the Respondents are not interfering with the possession of the Writ Petitioner for the time-being and that if any coercive action is sought to be taken in the future, they will follow the due process of law. 5. Having regard to the above extract, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Official Respondents to follow the due process of law if any coercive action is sought to be initiated against the Writ Petitioner in the future. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 29.01.2025 Vns