::1:: APHC010566442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29436/2025 Between: 1. PALLEM NAGASWAMY, S/O LALU, AGED ABOUT 60 YEARS, R/AT 25-2, VARAHAPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH- 521333. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 4THBLOCK, GROUND FLOOR, ROOM NO.135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, ANDHRA PRADESH. 3. THE TAHSILDAR, KAIKALURU MANDAL, KRISHNA DISTRICT,ANDHRA PRADESH. 4. THE GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY,VARAHAPALEM VILLAGE, KAIKALURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): ::2:: This Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: “..to issue a Writ Order or direction,particularly one in the nature of Writ of Mandamus, seeking a declaration that the actions of the respondent authoritiesin making efforts to dispossess the Petitioner's peaceful possession and enjoyment of the land situated at R.S. No. 51/1, admeasuring Ac. 1.40 cents, Aruthegalapadu Village, Kallapalem Panchayat, Kalidindi Mandal, Eluru District. Andhra Pradesh, without foliowing the procedure established by the law is as illegal, arbitrary, and unconstitutional, and consequently direct the Respondent authorities not to dispossess the Petitioner or interfere in any manner with his peaceful possession, cultivation, and enjoyment of the said land, without following due process of law and to pass..” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. The writ petition is filed aggrieved by the action of the respondent authorities in attempting to dispossess the petitioner from his peaceful possession and enjoyment of the land situated in R.S. No.51/1, admeasuring Ac.1.40 cents, Aruthegalapadu Village, Kallapalem Panchayat, Kalidindi Mandal, Eluru District, without following the due procedure contemplated under law. 4. On the other hand, the learned Government Pleader for the respondents submits, on instructions, that the petitioner is an encroacher, ::3:: that he has encroached upon the subject land, and that no assignment was ever made in his favour. 5. Considering the submissions made by both learned counsel and upon perusal of the material available on record, and in view of the written instructions submitted by the respondents, this Court is of the considered view that the writ petition can be disposed of by directing the respondent authorities not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property except in accordance with due process of law. It is further clarified that, if the respondents come to the conclusion that the petitioner has encroached upon the land, they shall be at liberty to initiate appropriate action against the encroacher(s) in accordance with the provisions of the Andhra Pradesh Land Encroachment Act, 1905. No order as to costs. 6. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. ________________________ JUSTICE D. RAMESH Dt:21.11.2025 klk ::4:: THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION No.29436 of 2025 Dt:21.11.2025 klk 352