APHC010473392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24376/2025 Between: 1. TALLAPANENI CHENCHAMMA @ NALLAPENENI CHENCHAMMA, D/O. PENCHALAIAH, AGED - 51 YEARS, OCC- CULTIVATION, R/O. KATTARIPALLE VILLAGE, RAJAMPET MANDAL, ANNAMAIAH DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANNAMAIAH DISTRICT AT RAYACHOTI. 3. THE REVENUE DIVISIONAL OFFICER, RAJAMPET REVENUE DIVISION, RAJAMPET MANDAL, ANNAMAIAH DISTRICT. 4. THE TAHSILDAR, RAJAMPET MANDAL ANNAMAIAH DISTRICT. 5. KOMMI SAMBA SIVAIAH, S/O SUBBAIAH, AGE - 50 YEARS, OCC- CULTIVATION, R/O MEKAVARI PALLE VILLAGE, RAJAMPET MANDAL, ANNAMAIAH DISTRICT. 6. KOMMI MAHESH, S/O SUBBARAYUDU, AGE - 35 YEARS, OCC - CULTIVATION, MEKAVARI PALLE VILLAGE, RAJAMPET MANDAL ANNAMAIAH DISTRICT. 7. MEKA NARASIMHULU, S/O VENKATASUBBAIAH AGE- 50 YEARS, 2 OCC - CULTIVATION, R/O MEKAVARIPALLE VILLAGE, RAJAMPET MANDAL, ANNAMAIAH 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly the 4th respondent under the guise of respondent 5 to 7 insisting the petitioner to vacate from her agricultural landed properties admeasuring Ac.4.80 Cents in Survey no. 314/7 situated at Rajampet Revenue Village of Rajampet Mandal in Annamaiah District, without following any known procedure established by law, as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners peaceful possession and enjoyment over their said lands 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 pleased to direct the respondents not to interfere with petitioner peaceful possession and enjoyment over their agricultural landed properties admeasuring Ac.4.80 Cents in Survey no. 314/7 situated at Rajampet Revenue Village of Rajampet Mandal in Annamaiah District, nor insist them to vacate therefrom, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24376/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents particularly the 4th respondent under the guise of respondent Nos.5 to 7 insisting the petitioner to vacate from her agricultural landed properties admeasuring Ac.4.80 Cents in Survey No. 314/7 situated at Rajampet Revenue Village of Rajampet Mandal in Annamaiah District, without following any known procedure established by law, as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioner’s peaceful possession and enjoyment over her said lands and pass such other order.” 2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioner’s peaceful possession and enjoyment over the subject property, without following due process of law. 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government 4 Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject properties, she cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property, except by following due process of law. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1122..0099..22002255 TTPPSS 1 2004 (1) SCC 769 5 175 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:24376 of 2025 1122..0099..22002255 TTPPSS