.A V .i APHC010385102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19943 OF 2025 Between: 1. SK Nazini, W/o Khadhar Bhasha, aged 47 years, Occ. House Wife Sk. Shaheera,, W/o Sk. Kalesha, aged 44 years, Occ.House Wife Sk. Naasir Banu,, W/o Khadhar Bhasha, aged 42 years, Occ. House Wife Sk. Irshad,, S/o Khadhar Bhasha, aged 28 years, Occ. Business All R/o H.No. 15-10, Ranipet, West Gudur, Tirupathi Dist. 2. 3. 4. are ...Petitioners AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department,SecretariatBuildings,Velagapudi,Guntur District The District Collector, Tirupathi District, Tirupathi. The Tahsildar, Saidhapuram Mandal, Tirupathi District 2. 3. ...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 or Order or orders or Direction mainly in the nature of WRIT OF MANDAMUS by declaring the respondents more particularly 3'rd respondent in contemplating to dispossess the petitioners from their respective plots No. 185/A, 185/B, 197, 198 in Sy.No. high handed action of the 1996 admeasuring Ac. 0.03 cents for each petitioner situated at West Guduru, Sri Potti Sriramulu Nellore (Old) presently Tirupathi District without issuing any notice, as illegal, arbitrary, unjust, unconstitutional and violative of principles of natural justice and also violative of Article 14, 21 and 300-A of the Constitution of India and consequently DIRECT the respondents not to dispossess the petitioners from their respective plots No. 185/A, 185/B, 197, 198 in Sy.No. 1996 admeasuring Ac. 0.03 cents for each petitioner situated at West Guduru, Sri Potti Sriramulu Nellore (Old) presently Tirupathi District and proper in the circumstances of the case. 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 not to dispossess the petitioners from their respective plots No. 185/A, 185/B, 197, 198 in Sy.No. 1996 admeasuring Ac. 0.03 cents for each petitioner situated at West Guduru, Sri Potti Sriramulu Nellore (Old) presently Tirupathi District, pending disposal of main Writ Petition. Counsel for the Petitioners: SRI G SUBASH Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following order: APHC010385102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE BES [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19943/2025 Between: 1.SK NAZINI, W/0 KHADHAR BHASHA, AGED 47 YEARS, OCC. HOUSEWIFE 2,SK. SHAHEERA,, OCC.HOUSE WIFE 3.SK. NAASIR BANU, W/0 KHADHAR BHASHA, AGED 42 YEARS, OCC. HOUSEWIFE 4.SK. IRSHAD, S/0 KHADHAR BHASHA. AGED 28 YEARS, OCC. BUSINESS ALL ARE R/0 H.NO. 15-10, RANIPET, WEST GUDUR, TIRUPATHI DIST. W/0 SK. KALESHA, AGED 44 YEARS. ...PETITIONER{S) AND 1 STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE ' departmen’t,secretariatbuildings,velagapudi,gun TUR DISTRICT 2 THE DISTRICT COLLECTOR, . TIRUPATHI. 3 THE TAHSILDAR, SAIDHAPURAM MANDAL, TIRUPATHI . DISTRICT TIRUPATHI 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 or Order or orders or direction mainly in the nature of WRIT OF MANDAMUS by declaring the high handed action of the respondents more particularly 3 respondent in contemplating to dispossess the petitioners from their respective plots No 185/A 185/B, 197, 198 in Sy.No. 1996 admeasuring Ac. 0.03 cents for each petitioner situated at West Guduru. Sri Potti Sriramulu Nellore (Old) presently Tirupathi District without issuing any notice, as illegal, arbitrary, unjust, unconstitutional and violative of principles of natural justice and also violative of Article 14, 21 and 300-A of the Constitution of India and consequently DIRECT the respondents not to dispossess 9 the petitioners from their respective plots No. 185/A, 185/B, 197, 198 in Sy.No. 1996 admeasuring Ac. 0.03 cents for each petitioner situated at West Guduru, Sri Potti Sriramulu Nellore (Old) presently Tirupathi District and proper in the circumstances of the case 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 to direct the respondents not to dispossess the petitioners from their respective plots No. 185/A, 185/B, 197, 198 in Sy.No. 1996 admeasuring Ac. 0.03 cents for each petitioner situated at West Guduru, Sri Potti Sriramulu Nellore (Old) presently Tirupathi District, pending disposal of main Writ Petition and pass Counsel for the Petitioner(S): 1.G SUBASH Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 19943 of 2025 ORDER: Pithily, the present writ petition is filed aggrieved by the highhanded action of respondents more particularly 3'^'^ respondent in contemplating to dispossess the petitioners from their respective plot Nos.185/A, 185/B, 197, 198 in Sy.No.1996 admeasuring Ac.0.03 cents for each petitioner situated at West Guduru, Sri Potti Sriramulu Nellore District(old) presently Tirupathi District, without issuing any notice and without following the due process of law. 2. Learned Assistant Government Pleader for Revenue furnished the proceedings dated 30.07.2025 of the Tahsildar, Gudur Mandal, which transpires that the pattas produced by the petitioners before this Court were not noted in the available records and house sites are not traced out in the village and the petitioners encroached upon their adjacent lands and started constructing houses. In Rame Gowda v. M.Varadappa Naidu, reported in (2004)1 3. f see 769, a three-Judge Bench of Apex Court, while discussing the Indian law on the subject, observed as under: “It is thus clear that so far as the Indian law is concerned, the person in peaceful possession is entitled to retain his possession and in order to protect such possession he may even use reasonable force to keep out a trespasser. A rightful owner who has been wrongfully dispossessed of 4 land may retake possession if he can do so peacefully and without the use of unreasonable force. If the trespasser is in settled possession of the property belonging to the rightful owner, the rightful owner shall have to take recourse to law. Therefore, this Court is of the opinion that the petitioners should not be dispossessed except in accordance with the law as held by the Rame Gowda’s case that the petitioners who are continue in such possession, they shouldn’t dispossess without being except in accordance with law. 4. 5. Hence, the Writ Petition is disposed, and the respondents directed to dispossess the petitioners in accordance with the established legal procedure. Accordingly, the Writ Petition is considered and disposed of. There shall be no order as to costs. are As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// d^ON^FFICER SE To 1. Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District 2. The District Collector, Tirupathi District, Tirupathi. 3. The Tahsildar, Saidhapuram Mandal, Tirupathi District 4. One CC to Sri. G Subash, Advocate [OPUC] 5. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. AL S, ;• HIGH COURT DATED:04/08/2025 ORDER WP NO. 19943 OF 2025 of I 1SSFP?0W f lo^ Currem 5>eciion ^ DISPOSING OF THE W.P. WITHOUT COSTS