% %% % c A A' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9320 OF 2025 Or V"-. C's O M SJ ■*y Between: 1. Gollapalli Sanjeeva Reddy, S/o. Late G. Narayana Reddy, R/o. H. No. 1-98, Kurugunta Village, Ananthapur Rural Mandal and District, A.P. 2. Gollapalli Padmavathi, W/o. Gollapalli Sanjeeva Reddy, R/o. H. No. 1- 98, Kurugunta Village, Ananthapur Rural Mandal and District, A.P. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi Village, Amaravathi, Guntur District, Andhra Pradesh: 2. The District Collector, Ananthapuramu District, Collectorate, Ananthapuramu Town and District 3. The Mandal Revenue Officer, Ananthapuramu Rural Mandal, Office of the MRO, Ananthapuramu . ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ more particularly in the form of Writ of Mandamus declaring the actions of the 3'''^ Respondent herein in issuing a Notice dated 13.03.2025, bearing reference number RC. No. 99 of 2025 thereby directing us to remove the temporary construction i.e. shed undertaken by us at land having an extent of Ac. 0.10 Cts. at Sy. No. 90-4 of Kurugunta Village, Ananthapuram Rural Mandal, Ananthapuram District as arbitrary, illegal and violative of Articles 14,19, 21 and 300A of the Constitution of India. may lA NO: 1 OF 202fi Petition under Section 151 CPC praying that in the circumstances the High Court may be 13.03.2025, bearing stated in the affidavit filed in support of the petition, pleased to suspend the operation of the Notice dated reference number RC. No. 99 of 2025 issued by the 3 pending disposal of the Writ Petition, in the interest of Justice. rd Respondent herein Counsel for the Petitioners: SRI VARUN BYREDDY Counsel for the Respondent Nos.l to 3: GP FOR REVENUE The Court made the following: ORDER • • "I • • • • X • • APHC010184592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIWIMAGADDA WRIT PETITION NO: 9320/2025 [3329] Between; Gollapalli Sanjeeva Reddy and Others AND ...PETlTlONER{S) ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner(S); 1.VARUN BYREDDY Counsel for the Respondent(S); 1.GP FOR REVENUE This Court made the following ORDER - This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: ‘..to issue a writ more particularly in the form of Writ of declaring the actions of the 3rd Notice dated Mandamus Respondent herein in issuing a 13.03.2025 bearing reference number RC.No.99 of 2025 thereby directing us to remove the temporary construction i e shed undertaken by us at land having an extent of Ac.0.10 Cts at Sy.No.904 of Kurugunta Village Ananthapuram Rural Mandal Ananthapuram District as arbitrary illegal and violative of Articles 14 and 300A of the Constitution of India and 19 21 pass... During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a 2. 2 direction to the respondents not to dispossess their lands, without following due Learned Assistant Government the petitioners from process of law. 3. Pleader for Respondents furnished written instructions dated 09.04.2025 wherein it is stated as under: fhnnn ^ 0.10 cents which is classified as naff^ Po/'amdo/ce as per RSR, i.e Government land. This is not paffa /and as alleged by the petitioner and no notice has been issued to Sy. No. 90-4 as alleged by the petitioner. A/n Q-r , P^^'boner has encroached the Government land in Sv. n 1 to an extent of 0.10 cents and constructed 7 sheds without any perrnission from government. Hence notice has been issued with a directed to attend on 24-03-2025 before the Tahsildar attended on 24-03-2025 and deposed a statement before the Viilage Revenue Officer ■■ to the structures by 4. It is also admitted that the petitioners are continuing the possession of subject land and the respondents authorities follow due process of law and would requested to pass appropriate orders in accordance with law. 5. It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of action of the respondents wouid amount to depriving the petitioner's vioiating constitutionai the petitioners and such highhanded p ■ 3 right guaranteed under Article 300-A of the Constitution of India, violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners’ possession is illegal, still, the petitioners are 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 L.R$. v. M.Varadappa when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the petitioners’ subject property. However, if they intend to interfere or undertake construction activity, they shall follow the due procedure as contemplated under the law. With the above direction, the writ petition is disposed of. No besides 1 Naidu (Dead) by L.Rs. any 6. costs. As a sequel, interlocutory applications if any pending, shall stand closed. 2004(1) see 769 Sd/-G.HELA NAIDU ASSISTANT REGISTRAR .09^. SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Ananthapuramu District, Collectorate, Ananthapuramu Town and District 3. The Mandal Revenue Officer, Ananthapuramu Rural Mandal, Office of the MRO, Ananthapuramu . 4. One CC to Sri Varun Byreddy, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:09/04/2025 ORDER X t)3 OCT 2025 g ^ . Current iiecuon WP.No.9320 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS