APHC010610482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31689/2025 Between: 1. L KUSUMA, W/O. A. NARESH KUMAR, AGED ABOUT 29 YEARS, R/O. D.NO. 103, MAIN NO.5, 8TH CROSS BANASHANKARI 3RD STAGE, BANASHANKARI, BANGALORE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR DISTRICT. 4. THE TAHSILDAR, GANGADHAR NELLORE MANDAL, CHITTOOR DISTRICT. 5. B KUMARASWAMY NAIDU, S/O. LATE B.VENKATASWAMY NAIDU, AGED ABOUT 65 YEARS POLINAIDUPALLI VILLAGE, NELLEPALLI POST, GANGADHARA NELLORE MANDAL, CHITTOOR DISTRICT, 517167. 6. B HARI NAIDU, S/O. B.VENKATASWAMY NAIDU, AGED ABOUT 56 YEARS POLINAIDUPALLI VILLAGE, NELLEPALLI POST, GANGADHARA NEILORE MANDAL, CHITTOOR DISTRICT, 517167 ...RESPONDENT(S): 2 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 an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents in interfering and trying to dispossess the petitioners from the peaceful possession and enjoyment of the land an extent of 1430 Sq. ft / 158.88 Sq. yards situated in Survey No.102, L.P No. 1136 of Pollinaidupalli village, Nellapalli Post, Gangadhar Neilore Mandal, Chittoor District, without following due process of law and not considering the representation dated 08.11.2025 is illegal, arbitrary, without jurisdiction, in violation of the procedure contemplated in the law and also in violation of principles of natural justice and consequently direct the respondents not to interfere and dispossess the petitioner from the peaceful possession and enjoyment of the land an extent of 1430 Sq. ft / 158.88 Sq. yards situated in Survey No.102, L.P No. 1136 of Pollinaidupalli village, Nellapalli Post, Gangadhar Neilore Mandal, Chittoor District, and consider the representation dated 08.11.2025 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 and their subordinates not to interfere and dispossess the petitioner from the peaceful and enjoyment of the land an extent of 1430 Sq. ft / 158.88 Sq. ft / 158.88 Sq. yards situated in Survey No.102, L.P No. 1136 of Pollinaidupalli village, Nellapalli Post, Gangadhar Nellore Mandal, Chittoor District, and to direct the respondents to remove the fence which was erected around the schedule property and to consider the representation dated 08.11.2025 pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. RAVITEJA PADIRI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 31689 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering and trying to dispossess the petitioner from the peaceful possession and enjoyment of the land an extent of 1430 square feet / 158.88 square yards situated in Sy.No.102, L.P.No.1136 of Pollinaidupalli village, Nellapalli post, Gangadhar Nellore Mandal, Chittoor District, without following due process of law and not considering the representation of the petitioner dated 08.11.2025 as illegal and arbitrary”. 2. The case of the petitioner is that one L.Rajesh was inherited the subject property from his ancestors, which was allotted by the government through D-Patta. The schedule property is in peaceful possession of their family members more than 45 years. It is further stated that thereafter in the year 2024, the petitioner purchased the said schedule property through registered sale deed vide document bearing No.7263 of 2024, dated 28.12.2024 from the said L.Rajesh. From the date of allotment of the schedule property, till the date of purchase of the petitioner, Mr.L.Rajesh and his father have been in peaceful possession and enjoyment of the said property with absolute rights. It is further stated that the petitioner being a married 4 woman used to reside along with her husband in Bangalore, far away from Chittoor, where the schedule property has been situated. Taking the advantage of absence of the petitioner, the un-official respondents, with the support of the official respondents, are trying to encroach the subject land and also trying to dispossess the petitioner from the subject land. Hence, the writ petition. 3. The learned Government Pleader for Revenue, on instructions, submits that they are not interfering with the possession of the petitioner over the subject property. 4. In the said circumstances, without going into the merits of the case, this Court is inclined to dispose of the Writ Petition directing the respondent authorities not to interfere and not to dispossess the petitioner without following due process of law. If at all, the petitioner has any grievance against the respondent Nos.5 and 6, liberty has to be granted to the petitioner to approach the competent authority. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Dt:14.11.2025 SJ 5 96 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 31689 of 2025 14.11.2025 ssjj