.r' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 9424 OF 2025 Between: 1. Janni Paldayya, S/o. Bodayya, Aged about 89 years, Occ: Agriculture, R/o D.No.1-131 Maripalli Village, Saluru Mandal, Vizianagaram District. 2. Janni Sanyasi, S/o. Janni Paidayya, Aged about 65 years, Occ: Agriculture, R/o. D.No.1-131 Maripalli Village Vizianagaram District. 3. Janni Chinna Rao, S/o. Janni Paidayya, Aged about 45 years, Occ: Agriculture, R/o D.No.1-131 Maripalli Village Vizianagaram District. 4. Janni Appa Rao, S/o. Janni Paidayya, Aged about 55 years, Occ: Agriculture, R/o. D.No.1-131 Maripalli village Vizianagaram District. Saluru Mandal Saluru Mandal Saluru Mandal ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its , Principal Secretary, Tribal Welfare (Social Welfare) Department, Secretariat Velagapudi Amaravati Guntur District. 2. The State of Andhra Pradesh, Rep by its , Principal Secretary Revenue Department, A P Secretariat At Velagapudi Amaravati Guntur District 3. The Commissioner and Inspector General of Registration and Stamps, Govt of AP, Gollapudi, Vijayawada, Krishna District. 4. The Dy Inspector General, Stamps-and-Registrations Gurucharan Marg P and T Colony Post Seethammadara Visakhapatnam District. t 5. The-District-Registrar, Vizianagaram Vizianagaram District. 6. The District Collector, Vizianagaram Vizianagaram District. 7. The Tahsildar, SaluruMandalVizianagaram District. 8. The Joint Sub Registrar, Saluru Mandal Vizianagaram District. 9. Ravipati Sivarani, W/o. Uday Bhaskar, Aged about 60 years, Occ; Housewife, Maripalli Village, Saluru Mandal, Vizianagaram District. ...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 to declare the action of the Respondent No.6 to 8 trying to dispossessing the petitioners from the petitioner ancestor schedule property in Sy. No. 131-3 for an extent of Ac. 3.42 cents, in Sy. No. 133-1 for an extent of Ac. 1.28 cents, in Sy. No. 134-1 for an extent of Ac. 1.06 cents, in Sy. No. 135-3 for an extent of Ac. 1.32 cents, for the total Ext. of Ac. 7.08 cents at Maripalli Village, Saluru Mandal Vizianagaram District with collusion of the 9'^ respondent without cancelling the invalid sale-deed dated 27.4.2021 vide document no. 1285/21 at the office of 8th respondent is illegal, arbitrary and violation of the Art.14, 21 and 300(A) of Constitution of India and violation of the Sec 6 of the AP Schedule Area Land Transfer Regulation Act, 1959 and also violation of the G.O.M.S No. 546 dt. 30.6.1997 and AP Schedule Area Land Transfer Regulation 1/1970 and also violation of the principles of natural and consequently direct therespondents not to interfere in the petitioner schedule property in Sy. No. 131-3 for an extent of Ac. 3.42 cents, in sy. No. 133-1 for an extent of Ac. 1.28 cents, in Sy. No. 134-1 for an extent of Ac. 1.06 cents, in Sy. No. 135-3 for an extent of Ac. 1.32 cents, for the total Ext. of Ac. 7.08 cents at Maripalli Village, Saluru Mandal Vizianagaram District without following the due process of law. f 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 interfere in the Petitioners schedule land in Sy. No. 131-3 for an extent of Ac. 3.42 cents, in Sy. No. 133-1 for an extent of Ac. 1.28 cents, in sy. No. 134-1 for an extent of Ac. 1.06 cents, in Sy. No. 135-3 for an extent of Ac 1.32 cents, for the total Ext. of Ac. 7.08 cents at Maripalli Village, Saluru Mandal Vizianagaram District. Counsel for the Petitioner: SRI T. TEJESWARA RAO Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2, 6 & 7: GP FOR REVENUE Counsel for the Respondent Nos.3, 4, 5 & 8: GP FOR REGISTRATION & STAMPS Counsel for the Respondent No.9: The Court made the following: ORDER r • • I • • • • X • • APHC010171712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9424/2025 0S.W [3329] Between; Janni Paidayya and Others ...PETITIONER(S) AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); 1 .TOTA TEJESWARA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR SOCIAL WELFARE 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 order or Direction more particulariy one in the nature of WRIT OF MANDAMUS to declare the action of the Respondent Nos.6 to 8 trying to dispossessing the petitioners from the petitioner ancestor schedule property in Sy.No.131-3 for an extent of Ac.3.42 cents, in Sy. No 133-1 for an extent of Ac.1.28 cents, in Sy.No.134-1 for an extent of Ac. 1.06 cents in Sy. No. 135-3 for an extent of Ac. 1.32 cents for the total Ext of Ac. 1 08 cents at Maripalli village Saluru Mandal Vizianagaram iL 2 District with collusion of the 9th respondent without cancelling the invalid sale deed dated 27.4.2021 vide document no. 1285/21 at the office of 8th respondent is illegal, arbitrary and violation of the Art 14, 21 and 300A Of Constitution of India and violation of the Sec 6 of the A.P. Schedule Area Land Transfer Regulation Act, 1959 and also violation of the G.O.Ms.No.546, dated 30.6.1997 and AP Schedule Area Land Transfer Regulation 1/1970 and also violation of the principles of natural and consequently direct the respondents not to interfere in the petitioner schedule property in sy No 1313 for an extent of Ac 3 42 cents in sy No 1331 for an extent of Ac 1 28 cents in sy No 1341 for an extent of Ac 1 06 cents in sy No 1353 for an extent of Ac 1 32 cents for the total Ext of Ac 7 08 cents at Maripalli village Saluru Mandal Vizianagaram District without following the due process of law and pass... ” During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the 2. respondents not to dispossess the petitioners from their land, without following due process of law. 3. The learned Assistant Government Pleader for Revenue appearing for the Respondents, admitted that the petitioners are in continuous possession of subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 4. It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled r 3 interfere with the possession and enjoyment of the petitioners and such to highhanded action of the respondents would amount to depriving the constitutional right guaranteed under Article 300-A of the petitioners’ Constitution of India, besides 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 Gowc/a {dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs\ 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 dispossess the petitioners from their subject property, except by due process of law. 5. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. ^2004(1) see 769 Sd/- K. KASl RAO AeHARI ASSISTANT REGI^AR //TRUE eOPY// SEeTION OFFieER To, 1. The Principal Secretary. Tribal Welfare (Social Welfare) Department Secretariat Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary Revenue ' Secretariat, Velagapudi, Amaravati, Guntur District. Department, State of Andhra Pradesh r 3. The Commissioner & Inspector General of Registration & Stamps, Govt of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District. 4. The Deputy Inspector General, Registration & Stamps Gurucharan Marg P & T Colony Post, Seethammadara Visakhapatnam District. 5. The-District-Registrar, Vizianagaram Vizianagaram District. 6. The District Collector, Vizianagaram Vizianagaram District. 7. The Tahsildar, Saluru Mandal Vizianagaram District. 8. The Joint Sub Registrar, Saluru Mandal Vizianagaram District. 9. Ravipati Sivarani, W/o. Uday Bhaskar, Aged about 60 years, Occ: Housewife, Maripalli Village, Saluru Mandal, Vizianagaram District. One CC to Sri T. Tejeswara Rao, Advocate [OPUC] Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 10. 11. 12. [OUT] Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] Three CD Copies. 13. 14. gi gi HIGH COURT DATED: 10/04/2025 ORDER WP.No.9424 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS