APHC010370032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18777/2025 Between: 1. BOYA SRIRAMULU, S/O. BOYA LAKSHMANNA, AGED ABOUT 42 YEARS, R/O.D.NO.9-99, ALUR VILLAGE, MOLAGAVALLI, KURNOOL DISTRICT- 518 395. 2. BOYA RANGASWAMY,, S/O.BOYA LAKSHMANNA, AGED ABOUT 50 YEARS R/O.D.NO.1-164, CHINAHULDILI, CHINNA HULTHI, KURNOOL- 518 380, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 3. THE REVENUE DIVISIONAL OFFICER, PATTIKONDA REVENUE DIVISION, PATTIKONDA, KURNOOL DISTRICT. 4. THE TAHSILDAR, PATTIKONDA MANDAL, PATTIKONDA, KURNOOL DISTRICT. 5. BANDI MODINSAA, S/O.BANDI HUSSAIN SAHEB, AGED ABOUT 50 YEARS, R/O.H.NO.1-1-11-2, PATTIKONDA VILLAGE AND MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): SRS,J W.P.No.18777 of 2025 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents in trying to dispossess the Petitioners herein from the land of an extent of Ac.1-35 cents in Survey No.667 of Chinnahulthi Village, Pathikonda Mandal, Kurnool District under the guise of the orders of this Honble the Court in W.P.No.2775 of 2024 filed by the above named 5 Respondent as arbitrary, illegal, capricious and violative of Principles of Natural Justice and fair play apart from violation of Right to Property guaranteed under Article.300-A of the Constitution of India and consequently direct the official Respondents not to dispossess the petitioners without following the due process of law and to 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 official Respondents not to dispossess the Petitioners herein without conducting enquiry by giving an opportunity of hearing in respect of land of an extent of Ac. 1-35 cents in Survey No.667 of Chinnahulthi Village, Pathikonda Mandal, Kurnool District, pending disposal of the above writ petition and pass such Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioners and Sri B.V. Satyanaryana, learned Assistant Government Pleader for Revenue for respondents 1 to 4. Page 3 of 5 SRS,J W.P.No.18777 of 2025 2. Notice to respondent No.5 is dispensed with since no adverse order affecting his right or interest is passed. 3. Learned counsel for the petitioners would submit that the petitioners are in possession and enjoyment of Ac.1-35 cents in survey No.167 (wrongly typed as survey No.667) of Chinnahulthi village, Pathikonda Mandal, Kurnool District (hereinafter referred to as ‘the subject land’). Initially, the petitioners’ father cultivated the land during his lifetime and after his death, the petitioners have been cultivating the land. While so, respondent No.4, Tahsildar, issued endorsement vide L.Dis./324/2022 dated 28.12.2022 (Ex.P1), recognising the possession of the petitioners over the subject land. 4. Learned counsel for the petitioners would further submit that respondent No.5 filed W.P.No.2775 of 2024 claiming dispossession from an extent of Ac.01-35 cents in survey No.167 of Chinna Hulthi village, Pattikonda Mandal, Kurnool District i.e. the subject land herein and the said writ petition was disposed of on 05.02.2024, directing the respondents therein not to interfere with the possession and enjoyment of respondent No.5 in respect of the subject land. Given the order in W.P.No.2775 of 2024, respondent No.4 is trying to interfere with the petitioner’s possession of the subject property. 5. Learned Assistant Government Pleader for Revenue, on instructions, did not dispute the petitioners’ possession over the subject land. He would submit that, in pursuance of the order dated 05.02.2024 in W.P.No.2775 of 2024, respondent No.5 herein applied for mutation of his name and the same was rejected by respondent No.4. He would submit that respondent No.4 did not interfere with the petitioners’ possession over the subject land. 6. Given the facts and circumstances of the case and submission of the learned Assistant Government Pleader, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing SRS,J W.P.No.18777 of 2025 respondent No.4 not to interfere with the petitioners’ possession over the subject land, without following due process of law. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 23.07.2025 IKN SRS,J W.P.No.18777 of 2025 215 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18777/2025 Date : 23.07.2025 IKN