IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1617 OF 2025 Between: Daggupati Chinna Kodandaiah, S/o Siva Ramaiah. aged 53 years, R/o 00, Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, SPSR Nellore District at Nellore. 3. The Revenue Divisional Officer, Atmakur, SPSR Nellore District at Nellore. 4. The Tahsildar, Udayagiri Mandal, SPSR Nellore District. 5. The Station House Officer, Appasamudram Police Station, SPSR Nellore District. 6. Doddamreddy Nagireddy, S/o Konda Reddy, R/o Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh 7. Doddamreddy Seetharamamma, W/o Jayaramireddy (Late), R/o Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh 8. Doddamreddy Chandrareddy, S/o Chinna Maalakonda Reddy (Late), R/o Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh 9. Doddamreddy Srinivasulureddy, S/o Brahmareddy (Late), R/o Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh 10. Doddamreddy Lakshmi Narasareddy, S/o Maalakondareddy (late), R/o Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh Doddamreddy Krishnareddy, S/o Maalakondareddy, Somalaragada Village, Duthuluru Mandal, SPSR Nellore District Andhra Pradesh. ■; 11. f i. •• V' ...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 particularly, one in the nature of writ of Mandamus declaring the action of 4*^ and 5^^ respondents in making efforts in dispossessing the petitioner from the agricultural land situated at Survey no. 473 to an extent of Ac. 3.59 cents situated at Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh without following due process of law at the instance of unofficial respondents 6 to 11 is as illegal, arbitrary, and a violation of the principles of natural justice and Articles 14,21 and 300-A of the Constitution of India and consequently direct the respondent authorities not to interfere into the peaceful possession of the subject property situated at Survey no. 473 to an extent of Ac. 3.59 cents situated at Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh, except due process of law as the acts of authorities is against the principle laid down by the Hon’ble Apex court in the case of RAME GOWDA V/S M VARADAPPA NAIDU Citation 2003 LawSuit(SC) 1248. lA 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 to direct the respondent authorities not to interfere over the land of the petitioner situated at Survey no. 473 to an extent of Ac. 3.59 cents situated at Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, Andhra Pradesh, except due process of law. Counsel for the Petitioner: M/s NALLANAGULA LALITHA SREE Counsel for the Respondents 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME Counsel for the Respondents 6 to 11: SRI M. RAVINDRA The Court made the following order: APHC010029802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1617/2025 Between: ...PETITIONER Daggupati Chinna Kodandaiah AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.NALLANAGULA LALITHA SREE Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.M RAVINDRA The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIWIMAGADDA WRIT PETITION NO: 1617/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of respondents 1. in dispossessing the petitioner from the land admeasuring to an extent of Ac.3.59 cents in Sy.No.473 situated at Appasamudram Village, Udayagiri Mandal, SPSR Nellore District, without following due process of law as illegal and arbitrary: consequently, direct the respondents not to interfere with the peaceful possession of the petitioner’s subject property. 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 peaceful possession and enjoyment of the property of the petitioner without following due process of law. 2. Learned Government Pleader for Revenue furnished written 3. instructions dated 10.01.2025, wherein, the operative portion of the said instructions reads as follows; "At present the name of Daggupati Chinna Kondaiah S/o.Sivaramaiah recorded as pattadar and enjoyer with Khata No. 917. The Daggupati china Kondaiah and 2 others have filed O.S.No.75/2007 on the file of Sr.Civil Judge, Kavali against the Doddamreddy Nagireddy and others, the same dismissed on 30.11.2017 and decided against the plaintiff and in favour of the defendants. The 4'^ respondent herein not interfere in this issue and also not initiated any action against the petitioner. ” 4. On perusal of the said instructions, it is evident that the respondents are not interfering with the peaceful possession and enjoyment of the subject property of the petitioner. He further submits that if the respondents intend to interfere with the subject property of the petitioner, they would follow due process of law. 5. It is settled proposition of law that, when the petitioner is in settled possession and enjoyment of the property, the petitioner 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.i”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 2004(1) see 769 * Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- N NAGAMjVIA ASSISTANT REGISTTiAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, SPSR Nellore District at Nellore. 3. The Revenue Divisional Officer, Atmakur, SPSR Nellore District at Nellore. 4. The Tahsildar, Udayagiri Mandal, SPSR Nellore District. 5. The Station House Officer, Appasamudram Police Station, SPSR Nellore District. 6. One CC to M/s Nallanagula Lalitha Sree, Advocate [OPUC] 7. One CC to Sri M. Ravindra, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CD Copies 10. RAM HIGH COURT DATED:26/03/2025 ORDER WP.No.1617 of 2025 4” O'APR 2025 . Current Section o\ mi Oil DISPOSING OF THE WP WITHOUT COSTS