IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV, (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIlK TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10797 OF 2025 O Between: 1. N.S. Krishnaiah Chetty, S/o. Late N.S. Venkatraya Chetty, Aged 87 Years, Occ: Cultivation, R/o. D.No.1-99, Kallur Village, Pulicherla Mandal, Chittoor District. 2. N.S.Reddy Prakash, S/o. N.S.Krishnaiah Chetty, Aged 57 Years, Occ: Cultivation, R/o. D.No.1-99, Kallur Village, Pulicherla Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The District Collector, Chittoor District at Chittoor. 3. The Revenue Divisional Officer, Chittoor Revenue Division, Chittoor, Chittoor District. 4. The Tahsildar, Pulicherla Mandal, Chittoor District. 5. The Mandal Surveyor, Pulicherla Mandal, Chittoor District. 6. Shaik Hajima Bee, W/o. Late Hyder Ali, Aged about 92 years, R/o Pulicherla Mandal, Chittoor 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 be pleased to issue a writ, order or direction more particularly one in the may nature of WRIT OF MANDAMUS declaring the action of action of respondents 4 & 5 in insisting petitioners to vacate from their asbestos roof sheds and enclosed site property admeasuring an extent of Ac.3:31 cents covered by Sy.No.181/1 and its sub divisions situated at Kallur Village, Pulicherla Mandal, Chittoor District at the instance of 6th respondent and her bench men under the guise of survey proposed by respondents 4 & 5, without following any known procedure established by law, as illegal, irregular, irrational, without jurisdiction and in violation of the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere ih’any rha’nner with petitioners possession and enjoyment of aforesaid shed and enclosed site property. 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 any manner with petitioners possession and dhjoyment of asbestos roof sheds and enclosed site property admeasuring an extent of Ac.3.31 cents covered by Sy.No.181/1 and its sub divisions situated at Kallur Village, Pulicherla Mandal, Chittoor District; Counsel for the Petitioner: SRKRAJENDRA C Counsel for the Respondents: OP FOR REVENUE The Court made the following: / 1 ::1:: / / / APHC010209382025 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 WRIT PETITION NO: 10797/2025 [3329] Between: N.s. Krishnaiah Chetty and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petltioner(S): 1.RAJENDRAC Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; ...RESPONDENT(S) “..to issue a writ order or direction more particulariy one in the nature of WRIT OF MANDAMUS declaring the . action of action of respondents 4 and 5 in insisting petitioners to vacate from their asbestos roof sheds and enclosed site property admeasuring an extent of Ac 3.31 cents covered by Sy.No.181/1 and its sub i 2 M^ons situated at Kallur Village Pulicherla Mandal Chittoor District at the instance of 6th respondent and her bench men under the guise of survey proposed bv respondents 4 and 5 without following any ZoZ procedure established by taw as illegal irreZZ irrational without jurisdiction and in violation of the Act 1623 and offends Articles 14 21 and 300A of the Constitution of India and consequently direct the penthZrTnZ ^hed and encloseZite pZZertZZ'^^'’^ afomsa/d \ 1. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader respondents. for Revenue appearing for the 2. The learned counsel for the petitioners are in peaceful petitioners submits that the possession and enjoyment of the subject property, admeasuring to an extent of Ac.3.31 cents in Sy.No. 181/1 at Kallur Village, Pulicherla Mandal, the subject property from their in continuous possession and stood thus, the are trying to evict the petitioners from their of the 6*'" respondent and their guise of conducting a survey, without issuing and its sub-divisions, situated Chittoor District and having acquired vendors, the petitioners have been i enjoyment of the subject property. While things respondent Nos. 4 and 5 subject property at the behest henchmen, under the 3 any notice to the petitioners and without following the due procedure as contemplated under law. Hence, the present writ petition. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 28.04.2025 issued by the 4^^ respondent, wherein it 3. is stated that; - “IV. Further I submit that, the writ petitioners have stated in the writ affidavit, the respondents No.4&5 have dispossess the petitioners from the subject property is not true and faraway from the truth. The official respondents do not dispossess the petitioners from the subject lands without following due process of law since they are law abiding officers. Further I submit that, the 6“^ respondent Smt. Shaik Hajima Bee, W/o Late Hyder All has filed a civil suit before the Hon’ble Principal Senior Civil Judge Court, Chittoor vide O.S.No.21/2022 duly impleading the present writ petitioners are defendants/respondents and the said civil suit is pending for disposal. V. Further I submit that, the writ petitioners have mentioned that, they have obtained orders from agricultural to -agricultural purpose in respect of the subject lands, but on verification of sub division records, not having proper subdivisions regarding subject Sy.No.181/7,etc.. VI. non without 4 occurring proper subdivisions the subject Sy.Nos. the transactions were made in VII. Further I submit, the claimed the The official writ petitioners and the 6'^ subject lands respondents have through respondents does not survey the subject lands without following registered sale documents, interfere and not the rules in force. 5. It is settled settled possession proposition of law that when the petitioners are in and enjoyment of the property, the respondents J and enjoyment of the are not entitled to interfere wi with the possession petitioners and such highhanded amount to depriving the action of the respondents would petitioners’ constitutional right Constitution of India, of India. Even under Article 300-A of the i Article 14 of the Constitution that this petitioners’ guaranteed besides violation of assuming for a moment ' possession is illegal, still, the petitioners acta'tnd° "" °PP°rtunity before taking action and in view of the law declared Gowda (dead) by L.Rs. y are appropriate by the Apex Court in “Rame M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioner is in settipH :~:r process respondents are directed possession and eni not to interfere with subject property of the peaceful subject any action against the they shall follow the petitioners. the due procedure as contemplated under the law. 2004 (I) see 769 5 6. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER SECTI To, 1) The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh, (BY SPECIAL MESSENGER) 2) The District Collector, Chittoor District at Chittoor. 3) The Revenue Divisional Officer, Chittoor Revenue Division, Chittoor, Chittoor District. 4) The Tahsildar, Pulicherla Mandal, Chittoor District. 5) The Mandal Surveyor, Pulicherla Mandal, Chittoor District. 6) One CC to SRI RAJENDRA C Advocate [OPUC] 7) Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 8) Three CD Copies (- .. HIGH COURT DATED:28/04/2025 ORDER i ’'^ 2025 ^ Current Section WP.No.10797of2025 DISPOSING THE WRIT PETITION