T IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI^^ //*<A (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA i’K % -G P A WRIT PETITION NO: 11296 OF 2025 Between: Majji Suryanarayana, S/o Late Seethayya, Aged 68 years, Occ: Cultivation, R/o Teppalavalasa Village, Ranasthalam Mandal, Srikakulam District ...PETITIONER AND The State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. District Collector, Srikakulam District. Revenue Divisional Officer, Srikakulam Division, Srikakulam District. Tahsildar, Ranasthalam Mandal, Srikakulam District. Mandal Surveyor, O/o. Tahsildar, Ranasthalam Mandal, Srikakulam District 1. 2. 3. 4. 5. ...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 action of the respondents in interfering with the petitioner's peaceful possession and enjoyment of his agricultural land admeasuring Ac. 1.50 cents in Survey No.111-8p/M situated in Teppalavalasa Village of Ranasthalam Mandal in Srikakulam District and further trying to dispossess the petitioner from his said lands, without following any known procedure established by law, as illegal, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300- A A of Constitution of India and consequently direct the respondents not to interfere with petitioners peaceful possession and enjoyment of his said land. 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 respondents not to dispossess the petitioner from his agricultural land admeasuring Ac.1.50 cents in Survey No.111-8p/M situated in Teppalavalasa Village of Ranasthalam Mandal in Srikakulam District, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following: ORDER APHC010227612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11296/2025 Between: Majji Suryanarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 NV,f- W.P.NO.11296 OF2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11296/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking 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 with the petitioners peaceful possession and enjoyment of his agricultural land admeasuring Ac. 1-50 cents in Survey No.1118p/M situated in Teppalavalasa Village of Ranasthalam Mandal in Srikakulam District and further trying to dispossess the petitioner from his said lands without following any known procedure established by law, as illegal, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents not to interfere with petitioners peaceful possession and enjoyment of his said land and pass such...”(in verbatim) Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. During hearing, learned counsel for the petitioners, without touching the 3. merits of the case, requested this Court to issue a direction to the respondents not to dispossess/ evict the petitioners from his respective property without following due process of law. Learned Government Pleader for the respondents furnished the written instructions dated 29.04.2025 issued by the 4^*^ respondent, wherein it is 4. stated as follows: “Though the respondents did not enter into the questioned lands and did not interfere with the 3 Ni W.P.NO.11296 OF2025 possession of the Petitioners; the Petitioners herein, having an apprehension that the assigned lands being non-occupied by them would be resumed to the Government by the respondents, raising several contentions with unclean hands by suppressing the material facts, which deserves no consideration. 11) It is respectfully submitted that the relief sought for by the Petitioners deserves no consideration and the Writ Petitions are liable to be dismissed on devoid of merits at the admission stage..” When the petitioners are in settled possession and enjoyment of the property, the petitioners cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda 4. (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.'”. Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to evict/ dispossess the petitioners from the subject property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand 5. closed. 2004(1) see 769 / SD/-G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// /^ectSTcOFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, Srikakulam District. 3. Revenue Divisional Officer, Srikakulam Division, Srikakulam District. * '■ 4. Tahsildar, Ranasthalam Mandal, Srikakulam District. 5. Mandal Surveyor, O/o. Tahsildar, Ranasthalam Mandal, Srikakulam District 6. One CC to Sri Srinivas Ambati, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb ✓ HIGH COURT DATED:30/04/2025 ORDER WP.No.11296 of 2025 * 13 MAY 2025 a^ . Current Section . DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS