r i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9968 OF 2025 Between: Nandigama Ghakur, S/o Mastan, Aged about 43 Years, Occ Welding Work, R/o Door No.4-47, Lam Village, Tadikonda Mandal, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, 2. The District Collector, Guntur District. 3. The Tahsildar, Tadikonda Mandal, Guntur 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 or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the 3rd Respondent in interfering with the possession of the Petitioners land admeasuring 3 cents is survey no.199/A of Lam Village, Tadikonda \ ^ -4 Mandal, Guntur district bounded by North: vacant land Easl Shaik Hasham, South. Jonnalagadda road without following process of law as illegal, arbitrary and unconstitutional and direct the 3rd Respondent not to dispossess the Petitioner admeasuring 3 cents is West. Shaik Adil, due consequently from land survey no. 199/A of Lam Village, Tadikonda Mandal, Guntur district bounded by North, vacant land. West: Shaik Adil. East: Shaik Hasham, South: Jonnalagadda without following due of law. process 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 direct the 3rd Respondent not to dispossess the Petitioner from land admeasuring 3 cents Village, Tadikonda Mandal, Guntur district bounded by North: vacant land. West: Shaik Adil, East: Shaik Hasham, South: Jonnalagadda road without following due process of law. Counsel for the Petitioner: SRI. SYED KHADER MASTAN Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: IS survey no. 199/A of Lam APHC010196332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] ri--r»T-r -• MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9968/2025 Between: Nandigama Ghakur ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SYED KHADER MASTAN Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9968/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the 3^^ respondent In Interfering with the possession of the petitioner’s land admeasuring Ac.3.00 cents in survey No. 199/A of Lam village, Tadikonda Mandal, Guntur District without following due process of law as Illegal and arbitrary and consequently direct the 3''^ respondent not to dispossess the petitioner from the subject land without following due process of law and pass such other order. ” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The case of the petitioner herein is that the petitioner was in possession and enjoyment of the landed property of Ac.0.03 cents in Sy.No.199/A situated at Lam village, Tadikonda Mandal, Guntur District. The possession of the petitioner was considered and he was issued possession certificate on 28.02.2022 by the 3'"'^ respondent. Since then, he has been in possession and enjoyment of the subject land. While things stood thus, without following due process of law the respondents are trying to evict the petitioner from the subject land. Hence the writ petition. 3 The learned Assistant Government Pleader for Revenue 4, furnished the written instructions of 3'"' respondent, dated .04.2025 wherein it is stated as under; “....Hence, in the light of the above circumstances, the land Sy.No.199-A is categorized as Hill Poramboke and it has not been converted from Hill Poramboke to Assessed Waste. Despite this classification and the fact that the petitioner already owns and resides in an RCC house with Assessment No.817, Door No.5-17, in Lam village, the petitioner encroached upon the Hill Poramboke land and left it vacant. Subsequently, without disclosing these facts, the petitioner applied for a possession certificate, which was issued. Hence, it is requested and the facts may be appraised to the Hon’ble Court and please see that the writ petition may be dismissed at the stage of admission itself”. in 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and on perusal of the material placed record and in view of the written instructions of 3*^^ respondent, this Court is of the considered view to dispose of the writ petition, at the admission stage, with a direction that if the 3'^ respondent intends to evict the petitioner from the subject property, he shall follow due process of law as required, by considering the facts and circumstances as stated in the written instructions. on 6. Accordingly, the writ petition is disposed of. There shall be order as to costs. no 4 sequel miscellaneous applications, pending, if any, shall As a also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravathi, 2. The District Collector, Guntur District. 3. The Tahsildar, Tadikonda Mandal, Guntur District. 4. One CC to Sri Syed Khader Mastan, Advocate [OPUC] GP for Revenue ,High Court Of Andhra Pradesh. [OUT] 1. 5. Two CCs to 6. Three CD Copies vna HIGH COURT DATED:21/04/2025 ORDER WP.No.9968 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS