APHC010421152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21471 OF 2025 THE Between: 1. Udayagiri Venkataiah, S/o. Venkateswarlu, aged about 54 years, Billapadu Chejerlamandal, S.P.S R. Nellore District, Andhra village, Nagulavellatur post, Pradesh. 2, Adireddy .Chinnaiah., S/o.Narasaiah, aged about 55 years, Biilapadu Naguiaveliatur post, Chejeriamandai, S.P.S.R. Neiiore District Andhra village Pradesh State, 3. Paiiala .Ankaiah., S/O. Bakkaiah, aged about 67 years, Biilapadu, Village Chejerlamandal, S.P.S.R. Nellore District Andhra Nagulavellatur Post, Pradesh state. S/O.Ramaiah, aged about 59 years, Billapadu, Nellore District. 4. Gajja Chenchu Ramaiah Nagulavellatur post, Chejerlamandal, S.P.S.R. village Andhra Pradesh state. Chenchaiah, S/O. Gajja Chenchaiah, aged about 67 years, Nagulavellatur Post, Chejerlamandal, S.P.S.R. 5. Gajja Chinna Billapadu, Village District, Andhra Pradesh State, Nellore Chenchaiah @ Gundaiah, S/O.Gajja Chenchaiah, aged about 66 Naguiaveitatur Post, Chejerlamandal, S.P.S.R. 6. Gajja years, Billapadu, village, Nellore District. Andhra Pradesh State, 7. Aadhireddy ChinnaMasthanreddy,, S/O. Aadhireddy Masthanreddy, aged about 51 years, Billapadu, Village, Nagulavellatur Post, Chejerlamandal, S.P.S.R. Nellore District, Andhra Pradesh State, 8. Adireddy Venkataiah, S/O.AdireddyNarasaiah, aged about 54 years, Billapadu, village, Nagulavellatur Post, Chejerlamandal, S.P.S.R. District, Andhra Pradesh State Nellore ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, AP Secretariat, Velagapudi, Guntur District, Andhra Pradesh State. 2. The District Collector, Nellore town, S.P.S.R Nellore District. 3. The Revenue Divisional Officer, Atamakuru town, S.P.S.R Nellore District. 4. The Tahsildar, Chejerlamandal, S.P.S.R. Nellore District. 5. Kommi Suresh Babu, S/o.China Penchalaiah, aged about 48 years, Billapadu, village, Nagulavellatur post, Chejerlamandal, S.P.S.R.Nellore District, Andhra Pradesh, 6. Gorla Venugopal, S/o. China Narasaiah, aged about 50 years, Billapadu village, Nagulavellatur, Chejerlamandal, S.P.S.R. Nellore District. Andhra Pradesh ...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 in trying to disposses the petitioners from their agricuttural lands situated in Sy No 139-2 in an extent of Ac 3.34 Cents, Sy No 132-7,131-7,134-4 in an extent of Ac 2.16 Cents, Sy No 131-3,130-3,134-1 in an extent of Ac. 1.86 Cents, Sy No 130-2,131-2,129-1,137 in an extent of Ac. 1.80 Cents, Sy No 132-7,131-5 in extent of Ac. 1.17 Cents, Sy No 131-6,134-3 in an extent of Ac.3.41 Cents, Sy No 131-4,130-4,134-2 in an extent of Ac.1.03 cents and Sy No 132-6 in an extent of Ac.3.01 cents respectively at Billapadu village, Chejerla mandal, S.P.S.R. Nellore District, as arbitrary, illegal, contrary to law, unjust, colourable exercise of power, in violation of principles of natural justice, in violation of Articles 14, 21 and 300-A of the Constitution of India and contrary to Board Standing Orders and direct the Respondents not to interfere with the petitioners possession over the lands situate in Sy No139-2 in an extent of Ac 3.34 Cents, Sy No 132-7,131-7,134- 4 in an extent of Ac 2.16 Cents, Sy No 131-3,130-3,134-1 in an extent of Ac.1.86 Cents, Sy No130-2,131-2,129- 1,137 in an extent of Ac.1.80 Cents, Sy No 132-7,131-5 in an extent of Ac.1.17 Cents, Sy No 131-6,134-3 in an extent of Ac.3.41 Cents, Sy No 131- 4,130-4,134-2 in an extent of Ac. 1.03 cents and Sy No 132-6 in an extent of Ac.3.01 cents respectively at Billapadu village, Chejerlamandal, S.P.S.R. Nellore District. an 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 Respondent Nos.2 and 3 to consider my representation Dt: 25-06- 2025 sent through registered post during which time the petitioners possession over lands situated in Sy No: 139-2 in an extent of Ac 3.34 Cents, Sy No; 132-7,131-7,134-4 in an extent of Ac 2.16 Cents, Sy No; 131-3,130- 3,134-1 in an extent of Ac.1.86 Cents, Sy No; 130-2,131-2,129-1, 137 in an extent of Ac.1.80 Cents, Sy No; 132-7,131-5 in an extent of Ac.1.17 Cents, Sy No; 131-6,134-3 in an extent of Ac.3.41 Cents, Sy No; 131-4,130-4,134-2 in an extent of Ac.1.03 cents and Sy No; 132-6 in an extent of Ac.3.01 cents respectively at Billapadu Village, Chejerla Mandal, S.P.S.R. Nellore District disturbed without following due process of law pending disposal should not be of the above writ petition. ; SRI c VAMSl KRISHNA : GP FOR REVENUE Counsel for the Petitioners Counsel for the Respondents The Court made the following order: APHC010421152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21471/2025 lU [3330] Between: 1 UDAYAGIRI VENKATAIAH, S/0. VENKATESWARLU, AGED VILLAGE, BILLAPADU ABOUT 54 YEARS NAGULAVELLATUR POST, CHEJERLAMANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH. 2.AD1REDDY .CHINNAIAH., S/O.NARASAIAH. AGED ABOUT 55 YEARS, BILLAPADU VILLAGE, NAGULAVELLATUR POST, CHEJERLAMANDAL, S.P.S.R. NELLORE DISTRICT ANDHRA PRADESH STATE, 3.PALLALA .ANKAIAH., S/0. BAKKAIAH, AGED ABOUT 67 YEARS, BILLAPADU, VILLAGE, NAGULAVELLATUR POST, CHEJERLAMANDAL, S.P.S.R. NELLORE DISTRICT. ANDHRA PRADESH STATE. 4.GAJJA CHENCHU RAMAIAH, . S/O.RAMAIAH, AGED ABOUT BILLAPADU, VILLAGE, NAGULAVELLATUR NELLORE DISTRICT. 59 YEARS. POST, CHEJERLAMANDAL, S.P.S.R. ANDHRA PRADESH STATE. 5 GAJJA CHINNA CHENCHAIAH, S/0. GAJJA CHENCHAIAH, BILLAPADU, VILLAGE, CHEJERLAMANDAL, S.P.S.R. AGED ABOUT 67 YEARS, NAGULAVELLATUR POST, NELLORE DISTRICT, ANDHRA PRADESH STATE GUNDAIAH,, S/0. GAJJA YEARS. BILLAPADU, 6.GAJJA CHENCHAIAH CHENCHAIAH, AGED ABOUT 66 VILLAGE, NAGULAVELLATUR POST, CHEJERLAMANDAL. S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH STATE, 7./\ADHIREDDY CHINNAMASTHANREDDY,, S/0. AADHIREDDY MASTHANREDDY, VILLAGE NAGULAVELLATUR POST, CHEJERLAMANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH STATE. 8 ADIREDDY VENKATAIAH, S/O.ADIREDDYNARASAIAH, AGED BILLAPADU, VILLAGE, AGED ABOUT 51 YEARS. BILLAPADU, ABOUT 54 YEARS NAGULAVELLATUR POST. CHEJERLAMANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH STATE ...PETITIONER(S) AND REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, AP 1.THE STATE OF ANDHRA PRADESH, 7 SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT ANDHRA PRADESH STATE. 2.THE DISTRICT COLLECTOR, NELLORE TOWN S P S R NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, ATAMAKURU TOWN S.P.S.R NELLORE DISTRICT. 4.THE TAHSILDAR, CHEJERLAMANDAL, SPSR NELLORE DISTRICT. 5.KOMMI SURESH BABU, S/0.CHINA PENCHALAIAH BILLAPADU, NAGULAVELLATUR POST, CHEJERLAMANDAL, NELLORE DISTRICT, ANDHRA PRADESH, 6.GORLA VENUGOPAL, , S/0. CHINA NARASAIAH, AGED ABOUT 50 YEARS, BILLAPADU AGED VILLAGE, S.P.S.R. ABOUT 48 YEARS, VILLAGE, NAGULAVELLATUR, CHEJERLAMANDAL, S.P S R NELLORE DISTRICT. ANDHRA PRADESH ...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 topleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in trying to disposses the petitioners from their agricultural lands situated in Sy No 139-2 in an extent of Ac 3.34 Cents, Sy No 132- 7,131-7,134-4 in an extent of Ac 2.16 Cents, Sy No 131-3,130-3,134-1 in an extent of Ac. 1.86 Cents,Sy No 130-2 131- 2,129-1,137 in an extent of Ac. 1.80 Cents, Sy No 132-7,131-5 in an extent of Ac. 1.17 Cents, Sy No 131-6,134-3 in an extent of Ac.3.41 Cents, Sy No 131-4,130-4,134-2 in an extent of Ac. 1.03 cents and Sy No 132-6 in an extent of Ac.3.01 cents respectively atBillapadu village, Chejerlamandal, S.P.S.R. Nellore District, as arbitrary, illegal, contrary to law, unjust, colourable exercise of power, in violation of principles of natural justice, in violation of Articles 14, 21 and 300-A of the Constitution of India and contrary to Board Standing Orders and direct the Respondents not to interfere with the petitioners possession over the lands situate in Sy No139-2 in an extent of Ac 3.34 Cents, Sy No 132-7,131-7,134- 4 in an extent of Ac 2.16 Cents, Sy No 131- 3,130-3,134-1 in an extent of Ac.1.86 Cents, Sy No130-2 131-2 129- 1,137 in an extent of Ac.1.80 Cents, Sy No 132-7,131-5 in an extent of Ac.1.17 Cents, Sy No 131-6,134-3 in an extent of Ac.3.41 Cents, Sy No 131-4,130-4,134-2 in an extent of Ac. 1.03 cents and Sy No 132-6 in an extent of Ac.3.01 cents respectively at Billapadu village Chejerlamandal, S.P.S.R. Nellore District and to lA NO: 1 OF 2025 pass 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 pleased to direct the Respondent Nos.2 nt- 9R 06-2025 sent through and 3 to consider my petitoners possession over reg,stared post d-ing wh.h me the^p 3^34 Cents Sy No, fltt 13^1 in a extent of Ac l'."34Viran extent of Ac.1.86 Cents Sy NoJ 30-2^131 2^S i 137 m an extent f^lM 3'in an extent of Ac.3.41 Cents^ SV Ac 1 17 Cents, Sy No, 131-6,1 ^ 5y nq, 132-6 ' ^"e:iroi^Atirce^ts .spea^^^^ r^diS No; in an Chejerla without writ petition and to pas Counsel for the Petitioner(S). ‘'°“CVAMS1 KRISHNA Counsel for the ReaPondent(S). 1. GP for revenue 4 0^ HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21471 of 2025 THE ORDER:- filed under Article 226 of the The present Writ Petition is Constitution of India seeking the following relief; to issue a writ, order or direction more particularly one of WRIT OF MANDAMUS declaring the in the nature action of the Respondents in trying to disposses the petitioners from their agricultural lands situated in Sy.No.139-2 in an extent of Ac.3.34 Cents, Sy.No.132- 7,131-7,134-4 in an extent of Ac 2.16 Cents, Sy.No.131- 3,130-3,134-1 in an extent of Ac. 1.86 Cents, Sy.No.130- 2,131-2,129-1,137 in an extent of Ac.1.80 Cents, Sy.No.132-7,131-5 in an extent of Ac.1.17 Cents, Sy.No.131-6,134-3 in an extent of Ac.3.41 Cents, Sy.No. 131-4,130-4,134-2 in an extent of Ac. 1.03 cents and Sy.No.’l32-6 in an extent of Ac.3.01 cents respectively at Billapadu village, Chejerla mandal, S.P.S.R. Nellore District, as arbitrary, illegal, contrary to law, unjust, colourable exercise of power, in violation of principles of natural justice, in violation of Articles 14, 21 and 300-A of the Constitution of India and contrary to Board Standing Orders and direct the Respondents not to interfere with the petitioners possession over the lands situate in Sy No.139-2 in an extent of Ac 3.34 Cents, Sy No. 132-7,131-7,134-4 in an extent of Ac 2.16 Cents, Sy No. 131-3,130-3,134-1 in an extent of Ac. 1.86 Cents, Sy No.130-2’,131-2,129-1,137 in an extent of Ac.1.80 Cents, Sy.No.132-7,131-5 in an extent of Ac.1.17 Cents, Sy.No.131-6,134-3 in an extent of Ac.3.41 Cents, Sy.No.131-4,130-4,134-2 in an extent of Ac.1.03 cents and Sy.No. 132-6 in an extent of Ac.3.01 cents respectively at Billapadu village, Chejerlamandal, S.P.S.R. Nellore District and to pass such other order or orders... the pleading of the petitioners that a person in settled possession of immoveable property is entitled to continue in such 2. It is 5 possession, without being dispossessed save and except i accordance with law. in 3. In Rame Gowda v. M.Varadappa Naidu,^ a three-Judge Bench of the Hon’ble 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 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.” In the case of Ram Ratan and others Vs. State of Uttar Pradesh^, question cropped up before Hon’ble Supreme Court, with regard to right of private defence of trespasser against true Their Lordships held that true owner has no right to dispossess the trespasser by use of force, in case trespasser was in possession in full knowledge of the true owner. Observation made by Hon'ble the Supreme Court is reproduced as under:- 4. owner. “In State of W.B. and others Vs Vishnunarayan and Associates (P) Ltd. and another, reported in (2002) 4 SCO 134, held that State and its executive officers cannot interfere with the rights of others except where their actions are authorized by specific provisions of law." ^ (2004)1 see 769 ^ {1977} 1 see 188 6 H.B.Yogalaya Vs. State of U.P. and others^ the Hon’ble notice or hearing, neither 5. In, Apex Court held that without any show cause demolition can take place nor a person may be dispossessed from the property, relevant portion is extracted hereunder; 'Otherwise also principles of natural justice demand that a show- notice and hearing be given before demolishing or \ cause dispossessing a person from the properties of which he is in possession. Counsel appearing for the respondents did not contest this proposition." "It Is well settled that the law requires that the true owner should dispossess the trespasser by taking recourse to the remedies under, the law." In the celebrated case of Maneka Gandhi vs. Union of India , Hon'ble Supreme Court upheld the phrase no one shall be deprived of one’s life and liberty except procedure established by law as employed in Article 21 of the Constitution of India. The principles of natural justice demands that the persons who are affected should be 6. the heard. Therefore, this Court is of the opinion that the petitioners should not be dispossessed except in accordance with the law, as held in Rame Gowda’s case (supra-1). 7. Accordingly, the Writ Petition is disposed of, directing the interfere with the peaceful possession and 8. respondents not to 3 (2004) 13 see 518 " AIR 1978 SC 25 7 enjoyment of the petitioners’ subject property, except by following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. deputy Klet^TRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, Pradesh. AP Secretariat, Velagapudi, Guntur District State. 2. The District Collector, Nellore town, S.P.S.R Nellore District. 3. The Revenue Divisional Officer, District. 4. The Tahsildar, Chejerlamandal, S.P.S.R. Nellore District 5. One CC to Sri C Vamsi Krishna, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra 7. Two CD Copies State of Andhra Andhra Pradesh Atamakuru Town, S.P.S.R Nellore Pradesh [OUT] RAM HIGH COURT DATED;14/08/2025 I ''?SfP 2025 S ^^CurwntSection . ^ ^*%!^PATCH62,S^ /<s ORDER WP NO. 21471 OF 2025 DISPOSING OF THE WP WITHOUT COSTS