IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY JHE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NiMMAGADDA WRIT PETITION NO: 11311 OF 2025 Between: Thota Surya Rao, S/o late Satyannarayana aged about 50 years, Telaga Street Rajam, Rajam Mandal, Vizianagaram District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, rept. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Vizianagaram, Vizianagaram District. 3. The Joint Collector, Vizianagaram, Vizianagaram District. 4. The Revenue Divisional Officer, Chipurupalle, Vizianagaram District. 5. The Tahsildar, Rajam, Vizianagaram District. 6. The Rajam Nagar Panchayat, Rep by its Commissioner, Rajam, Rajam Mandal, Vizianagaram, ...RESPONDENTS is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction in the Nature of Writ of Mandamus declaring the Impugned Notice Petition under Article 226 of the Constitution of India more particularly one vide w Rc.No.144/2025/SA Dt.04.04.2025, issued by the Tahsildar, Rajam Viz., 5'*^ respondent herein, and further Acts of the respondents, threatening to dispossess from my owned land of an extent of Ac. 1.70 cents situated in Sy. No.114/1, of Saradhi village, Rajam Mandal, in Vizianagaram District, as illegal, arbitrary, without jurisdiction and in violation of Fundamental Rights under Articles 14, 21 and 300A of the Constitution of India, and contrary to the Revenue laws and set aside the same and further directing the respondents not to interfere with my peaceful possession and absolute enjoyment of the land of an extent of Ac. 1.70 cents situated in Sy. No. 114/1, of Saradhi village, Rajam Mandal, in Vizianagaram District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 herein, not to interfere with the petitioner's peaceful possession and enjoyment of dry land to an extent of Ac.1.70 cents situated in Sy. No.114/1, in Saradhi village, Rajam Mandal, in Vizianagaram District, by suspending the impugned notice vide Rc.No.144/2025/SA, dt.04.04.2025 issued by the Tahsildar, Rajam. Counsel for the Petitioner(s):SRI. GNANESWARA RAO MITTIREDDI Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SMT. V. SIREESHA RANI, SC FOR MUNICIPALITIES The Court made the following: APHC010229322025 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: 11311/2025 Between; Thota Surya Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner; 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following; 2 NV,J ■' W.P. NO. 11311 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11311/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; 1. to issue Writ Order or direction more particularly one in the Nature of Writ of Mandamus declaring the Impugned Notice vide Rc.No.144/2025/SA Dt.04.04.2025, issued by the Tahsildar, Rajam Viz., respondent herein, and further Acts of the respondents, threatening to dispossess from my owned land of an extent of Ac.1-70 cents situated in Sy.No.114/1, of Saradhi village, Rajam Mandal, in Vizianagaram District, as illegal, arbitrary, without jurisdiction and in violation of Fundamental Rights under Articles 14, 21 and 300-A of the Constitution of India, and contrary to the Revenue laws and set aside the same and further directing the respondents not to interfere with my peaceful possession and absolute enjoyment of the land of an extent of Ac. 1-70 cents situated in Sy. No. 114/1 of Saradhi village, Rajam Mandal, in Vizianagaram District and to pass...” Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. 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 dispossess/ evict the petitioner from his respective property without following due process of law. Learned Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 2. 4. \ 3 NV, W.P.N0.11311 OF 2025 When the petitioner is in settled possession and enjoyment of the 5. 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. 1 » . Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to evict/ dispossess the petitioner from the subject property except by due process of law. With the above direction, the writ petition is disposed of at the stage of 6. admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. '2004(1) see 769 Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR % //TRUE COPY// SEGTION OFFieER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Vizianagaram, Vizianagaram District. 3. The Joint Collector, Vizianagaram, Vizianagaram District. Divisional Officer, Chipurupalle, Vizianagaram District. 5. The Tahsildar, Rajam, Vizianagaram District. 6. The Commissioner, Vizianagaram, 7. One CC to SRI GNANESWARA RAO MlTTIREDDl Advocate [OPUC] One CC to SMT. V. SIREESHA RANI, SC FOR MUNICIPALITIES [OPUC] 9. Two 10. Three CD Copies 4. The Revenue Rajam Nagar Panchayat, Rajam, Rajam Mandal, 8. CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] / HIGH COURT DATED;30/04/2025 ORDER WP.No.11311 of 2025 g J 3 lUI 2fl?5 m). ^ Current ^ocwon . fc£^^SPATCV»’<='^ THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS