APHC010365032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18343/2025 Between: 1. SRI. KALAPATI KRISHNAYYA, S/O K.GANGAIAH, AGED 65 YEARS, AGRICULTURE COOLIE, R/D.NO. 11 1, MABAKA, PALACHERUVU, DWARAKAPURAM, NAIDUPET MANDAL, TIRUPATHI DISTRICT, ANDHRA PRADESH-524421 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, AT TIRUPATHI, TIRUPATHI DISTRICT, AP. 3. THE JOINT COLLECTOR, AT TIRUPATHI, TIRUPATHI DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, , NAIDUPET, TIRUPATHI DISTRICT, AP4. 5. THE TAHSILDAR, NAIDUPET MANDAL, TIRUPATHI DISTRICT, AP ...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 particularly, one in the nature of writ 2 of Mandamus declaring the action of the 5th Respondent/Tahsildar without issuing any notice or without following the procedure, threatening the petitioner to evict the land and further obstruct the petitioner to enter into the land, which he has. been in possession and cultivating the land approximately to an extent of Ac. 1.00 in Sy.No. 161/10 sutuated at Dwarakapuram Village, Naidupeta Mandal, Nellore District and compensation was paid vide its proceedings Spandana SPE.RI.No.B.23/2022 dated 26.04.2022, to the petitioner for construction of APTRANSCO Electrical Tower, without considering the all these facts, the high handed acts the 5th Respondent is illegal, arbitrary and against the Honble Apex Court Judgment in RAME GOWDA V/S M VARADAPPA NAIDU Citation 2003 LawSuit(SC) 1248 and violation of principles of natural justice and also Article 300-A of the Constitution of India and consequently direct the 5th Respondent to follow the procedure as established by law, while evict or disposes the petitioner from the land, which he has been in possession and cultivating the land approximately to an extent of Ac.1.00 in Sy.No.161/10 sutuated at Dwarakapuram Village, Naidupeta Mandal, Nellore District and pass 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 5th Respondent to follow the procedure as established by law, while evict or disposes the petitioner from the land, which he has been in possession and cultivating the land approximately to an extent of Ac.1.00 in Sy.No.161/10 sutuated at Dwarakapuram Village, Naidupeta Mandal, Nellore District and pass order or orders in accordance with law pending disposal of the above writ petition and to pas IA NO: 2 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 post/list the above writ petition No.18343 of 2025 and amend my writ affidavit as well as prayer portition as "cultivating the land approximately to an extent of Ac. 1.00 in Sy.No.130 situated at Dwarakapuram Village, Naidupeta Mandal, Tirupathi District, Andhra Pradeshth". Instead of the land approximately to an extent of Ac. 1.00 in 3 Sy.No. 161/10 situated at Dwarakapuram Village, Naidupeta Mandal, Nellore District" and pass Counsel for the Petitioner: 1. RAJA SEKHAR SYKAM Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for respondents 1 to 5. 2. Learned counsel for the petitioner would submit that the 5th respondent- Tahsildar assigned an extent of Ac.1-00 cents in Sy.No.130 of Dwrakapuram Village, Naidupet Mandal of Nellore District to the petitioner vide File No.322/03 dated 22.04.2003. The petitioner levelled an extent of Ac.1-00 cents in Sy.No.130 adjacent to the land in Sy.No.161/10 and started cultivating the land. 3. Be that as it may, the 5th respondent, without issuing any notice, is trying to dispossess the petitioner from Ac.1-00 cents of Dwarakapuram Village. 4. Learned Assistant Government Pleader, on instructions of the Tahsildar, would submit that the 5th respondent is not interfering with Ac.1-00 cents in Sy.No.130. The 5th respondent will initiate necessary proceedings as per law. The submission of learned AGP is recorded. 4 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the 5th respondent not to interfere with the petitioner’s property of an extent of Ac.1-00 cents in Sy.No.130 of Dwarakapuram Village, Naidupet Mandal, Nellore District without following due process. No order as to costs. . As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 01.08.2025 KA 5 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18343/2025 Date:01.08.2025 KA 6