IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29484 OF 2024 Between: Panchigunta Chokkalinga Reddy, S/o. Late P. Iragama Reddy, aged about 80 years, Occ: Agriculture, R/o. Thellagundlapalli Village, Vedurukuppam Mandal, Chittoor District, Andhra Pradesh. ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. The District Collector, Chittoor District at Chittoor, Andhra Pradesh. The Revenue Divisional Officer, Chittoor, Chittoor District, Andhra Pradesh. The Tahsildar, Vedurukuppam Mandal, Chittoor District, Andhra Pradesh. Kaareti Krishna Reddy, S/o. K. Venkata Reddy, aged about 55 years, Occ: Agriculture, R/o. Thellagundlapalli Village, Vedurukuppam Mandal, Chittoor District, Andhra Pradesh. Smt. Kaareti Kumari, W/o. K. Krishna Reddy, aged about 50 years, Occ; House wife, R/o. Thellagundlapalli Village, Vedurukuppam Mandal, Chittoor District, Andhra Pradesh. 1. 2. 3. 4. 5. 6. ...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 acts of the 4‘^ respondent and their authorities in interfering with the petitioner's agriculture lands in an extent of Ac. 1.49 cents in Sy. No. 30/1 situated at. Thellagundlapelle Village, Devalampeta Village accounts, Vedurukuppam Mandal, Chittoor District and kept the petitioner subject land under disputed records and giving marking in petitioner subject land to lay 20 feet road without giving any notice, without following the provisions of the Andhra Pradesh Rights in land and Pattadar Pass Book Act, 1971 and the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 as illegal, arbitrary, unjust, violation of principles of natural justice and violation of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 4“^ respondent and their authorities to follow due process of law in all aspects with regard to the petitioner subject lands and deleted the petitioner subject property from the disputed records and restore the petitioner subject land in revenue on-line portal. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 3 and 4 not to lay any road in petitioner agriculture land in an extent of Ac. 1.49 cents in Sy. No. 30/1 situated at Thellagundlapelle Village, Devalampeta Village accounts, Vedurukuppam Mandal, Chittoor District pending disposal of the above writ petition. Counsel for the Petitioner : SRI CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 & 6 : SRI SURESH KUMAR REDDY KALAVA The Court made the following: ORDER ..1.. • • X • • APHC010567112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29484/2024 Between: ...PETITIONER Panchigunta Chokkalinga Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.SURESH KUMAR REDDY KALAVA $ ::2:: HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO: 29484/2024 This Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the acts of the 4 respondent and their authorities in interfering with the petitioner’s agriculture lands in an extent of Ac 1.49 cents in Sy. No.30/1 situated at Thellagundlapelle Village, Devalampeta Village accounts, Vedurukuppam Mandal, Chittoor District and kept the petitioner subject land under disputed records and giving marking in petitioner subject land to lay 20 feet road without giving any notice, without following the provisions of the Andhra Pradesh Rights in land and Pattadar Pass Book Act, 1971 and the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 as illegal, arbitrary, unjust, violation of principles of natural justice and violation of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 4^*^ respondent and their authorities to follow due process of law in all aspects with regard to the petitioner subject lands and deleted the petitioner subject property from the disputed records and restore the petitioner subject land in revenue online portal and pass.” During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the th 2. ::3:: respondents not to dispossess the petitioner from his land, without following due process of law. Learned counsel for the Petitioner submits that the subject land originally Government land, initially the subject land is the Raligutta poramboke and it is not fit for cultivation due to containing big stones, bushes and big pits. The father of the petitioner long back occupied the subject land and developed the subject and raised rainy seasoned crops like ground nut, red gram, horse gram and pearl millets. After considering the petitioner’s father request and family poor condition the then authorities on 11.06.1982 issued D-Form patta in favour of the petitioner’s father. Since then petitioner’s father and family members have been in peaceful possession of the subject land. 3. 4. While things stood thus, when the petitioner received a message on 29.11.2024 that the 4“" respondent authorities came to the subject and they were counting the mango trees in the subject land, immediately petitioner’s family members and other village persons rushed to the subject land and requested the authorities why they were counting the mango trees. But the authorities without saying anything went from the subject land. After few minutes the 5^^ and the 6*^ respondents came with JCB and tried to lay road by digging the trenches by taking margins where the 4^^ respondent authorities marking with wooden plugs. The 4' 4 respondent by colluding with the 5'^ respondent, without following due process of law kept the petitioner’s property in the disputed register. Keeping the petitioner’s property in dispute record without issuing any notice to the petitioner is purely violation of the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971 and Rules, 1989. Hence the Writ Petition. Learned Assistant Government Pleader for Revenue furnished the 5. Written Instructions dated 09.02.2025 issued by the 4^^ respondent stating that the land in Sy.No.30/1 with an extent of Ac. 1.49 cents is classified as Further, learned DKT land and stands in the Petitioner’s name. Government Pleader for Revenue submits that the petitioner with apprehension filed the present writ petition since the official respondent, especially the 4*^ respondent and their authorities surveyed the Kaluva marked on existing in and adjacent to the petitioner’s land to provide way to the fields of the ryots situated backside of the petitioner’s land only. He further submits that the official respondents are not trying to dispossess the petitioner from his land and the respondent authorities would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the 6. • • c • • • • J • • respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. V. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioner from his property, except by due process of law. With the above direction, the writ petition is disposed of, with the 7. consent of both the counsel. No costs. The miscellaneous petitions pending, if any, shall also stand closed. 2004(1) see 769 Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTI^ OFFICER To. 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District Andhra Pradesh. 2. The District Collector, Chittoor District at Chittoor, Andhra Pradesh. 3. The Revenue Divisional Officer, Chittoor, Chittoor District Andhra Pradesh. 4. The Tahsildar, Vedurukuppam Mandal, Chittoor District, Andhra Pradesh. 5. One CC to Sri Chamarthy Leela Srinnivasa Varma, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri Suresh Kumar Reddy Kalava, Advocate (OPUC) 8. Three C.D. Copies. Cnr HIGH COURT DATED: 19/03/2025 ORDER ^OF g 2e MAR 2025, ^ ^ . Current Section Cj WP.No.29484 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS