IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ,I MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10916 OF 2025 Between: Rayala Srikanth, S/o. RamamohanRao, Aged about 42 years, Door N0.2- 221107/B/2, Tilak Nagar, New Nallakunta Musheerabad,Hyderabad, Telnagana state. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. The District Collector, Nellore, SPSR Nellore District. The Revenue Divisional Officer, Kavali, SPSR Nellore District. The Tahasildar, Kaligiri, SPSR Nellore District. Guntupalli Hazarath, S/o. Ramaiah, Age 70 years, Pedakonduru Village, Kaligiri Mandal, SPSR Nellore District. Karra Babu, S/o. Malakondaiah, Age 40 years, Pedakonduru Village, Kaligiri Mandal, SPSR Neilore District. Karra Malakondaiah, S/o. Ramaiah, Age 48 years, Pedakonduru Village, Kaligiri Mandal, SPSR Nellore District. 2. 3. 4. 5. 6. 7. ...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, especially one in the nature of Writ of Mandamus, declaring that the action of the 4"^ respondent without issuing any notice orally instruct the petitioner not to cultivate in the petitioner land bearing in survey No.760/1 an extent of Ac. 1.77 cents situated at Peda Konduru village, Kaligiri Mandal, SPSR Nellore district is illegal, arbitrary, violative of Articles 14, 21 of the Constitution of India and consequently direct the respondents not to interfere in the petitioner land bearing in survey No.760/1 an extent of Ac. 1.77 cents situated at Peda Konduru village, Kaligiri Mandal, SPSR Nellore district pending disposal of the writ petition. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere in the petitioner land bearing in survey No.760/1 an extent of Ac. 1.77 cents situated at Peda Konduru village, Kaligiri Mandal, SPSR Nellore district pending disposal of the writ petition. Counsel for the Petitioner: SRI LINGALA HAZARATHAIAH Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 to 7 : NONE APPEARED The Court made the following; ORDER ..1.. • • 1 • • r APHC010210652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA [3329] WRIT PETITION NO: 10916/2025 Between: ...PETITIONER Rayala Srikanth, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. LINGALA HAZARATHAIAH Counsel for the Respondent(S): 1.GP FOR REVENUE 1 r THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.10916 of 2025 This Court made the following ORDER; 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue a writ, order or direction especially one in the nature of Writ of Mandamus, declaring that the action of the 4'^ respondent without issuing any notice orally instruct the petitioner not to cultivate in the petitioner land bearing in Survey No.760/1 an extent of Ac. 1.77 cents situated at Peda Konduru Village, Kaligiri Mandal, SPSR Nellore District is illegal, arbitrary, violative of Articles 14, 21 of the Constitution of India and consequently direct the respondents not to interfere in the petitioner land bearing in Survey No.760/1 an extent of Ac. 1.77 cents situated at Peda Konduru Village, Kaligir Mandal, SPSR Nellore District pending disposal of the writ petition and pass..” 2. 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 the petitioner from his land, without following due process of law. 3. Learned counsel for the Petitioner submits that the petitioner is absolute owner of the property in land bearing in Survey No.760/1 an extent of Ac. 1.77 cents situated at Peda Konduru Village, Kaligiri Mandal, SPSR Nellore District. The Petitioner purchased the subject property from one Gurram Yedukondaiu on 06.06.2023 under a registered sale deed document bearing No.879/2023 and since then the petitioner is in possession and enjoyment of the subject property. 4. While so, surprisingly the Respondent Nos.5 to 7 with their supporters of more than 20 persons illegally trespassed into petitioner’s land without having any title or records in favour of them and obstructed the petitioner and created nuisance. On receiving the said information the 4'^ respondent sent the revenue inspector to petitioner’s land and the revenue inspector inspected the petitioner’s land as well as document. But the respondent even after perusing petitioner’s documents orally instructed the petitioner not to enter into his own land bearing in Survey No.760/1 an extent of Ac.1.77 cents situated at Peda Konduru Village, Kaligiri Mandal, SPSR Nellore District. Hence the Writ Petition. 5. Learned Assistant Government Pleader for Respondents furnished the written instructions submitted by Respondent No.4 which reads thus: 0^ 4 f It is further submitted that, on the same day this respondent promulgated orders under section 164(1) B.N.S.S [section 145(1) Cr.P.C] and posted the case for hearing on 16.05.2025 at 11:00 A.M and to put in written statements of their respective claims as respects to the facts of actual possession of the subject land. Copy of orders is enclosed. 6. It is submitted that no oral instructions were issued by this respondent office in the matter. The writ petition which is devoid of merits, deserves to be dismissed at the admission stage. It is prayed that the Hon’ble High Court may be pleased to pass such other order or orders as deemed fit in the circumstances of the case and in the interest of justice.” 7. It is settled proposition of law that when the petitioner is in 6. settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in "Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by L.Rs \ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process 2004 (I) see 769 5 of law. Therefore, the respondents are directed not to dispossess the petitioner from his property, except by due process of law. With the above direction, the writ petition is disposed of, with 7. the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ «c- SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahasildar, Kaligiri, SPSR Nellore District. 5. One CC to Sri Lingala Hazarathaiah, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr HIGH COURT DATED:28/04/2025 ORDER i" 2« may 2025 I . Currenit oecuon . WP.No.10916 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS