IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10274 OF 2025 Between: Gante Anjaneyulu, S/o. Venkata Subbaiah, Aged 50 years, Occ: Service R/o. H.No.2-111, Hazarathgudem, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Markapur Revenue Division, Prakasam District. 4. The Tahsildar, Cumbum, Prakasam District. 5. The Mandal Surveyor, Cumbum, Prakasam District. 6. The Village Surveyor, Chinna Cumbum, Prakasam District. 7. Kore Kashi Rao, S/o. Kasaiah, Aged about 45 years, Occ: Cultivation R/o Cumbum Village, Cumbum Mandal, Prakasam 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, declaring the action of respondents, particularly 4*'' to 6*^ respondents, at the instance of the 7'^ respondent, in insisting me to vacate from a portion of land in an extent of Ac.0.14 Cents out of my total agricultural land admeasuring Ac.0.77 Cents, covered by Survey No. 344-1, situated in Kagithalagudem Village of Cumbum Mandal in Prakasam District, under the guise of survey notice dated 13.03.2025 issued by the 6*^ respondent, without there being any ground of law, as illegal, irregular, irrational and offending Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents, particularly 4*^ to 6*'^ respondents, not to interfere in any manner with my said agricultural landed 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, particularly respondents 4 to 6, not to interfere in any manner with my possession over any portion of land out of my total agricultural land admeasuring Ac.0.77 cents, covered by Survey No. 344-1, situated in Kagithalagudem Village of Cumbum Mandal in Prakasam District, pending disposal of main writ petition. Counsel for the Petitioner: M/s. NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 6: GP FOR REVENUE Counsel for the Respondent No.7:--- The Court made the following: ORDER ▼ X APHC010199392025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10274/2025 IN [3329] THE HONOURABLE Between: ...PETITIONER Gante Anjaneyulu AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ...RESPONDENT(S) 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10274/2025 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 declaring the action of respondents particularly 4^^ to respondents at the Instance of the 7 respondent In Insisting the petitioner to vacate from a portion of land in an extent of Ac. 0.14 Cents out of my total agricultural land admeasuring Ac.0.77 Cents covered by Survey No. 344-1 situated In Kagithalagudem Village of Cumbum Mandal In Prakasam District, under the guise of survey notice dated 13.03.2025 issued by the 6 respondent without there being any ground of law as illegal, irregular, irrational and offending Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents particularly to respondents not to interfere in any manner with the petitioner's said agricultural landed property and pass such other order. ” ■th th 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 interfere with the petitioner’s peaceful possession and enjoyment of the subject property without following due process of law. 3. Learned Assistant Government Pleader for Revenue furnished the \A/ritten instructions dated 23.04.2025, wherein it is stated as follows: 3 “It is further submitted that Kagithalagudem Village has been selected for re-survey work and during resurvey the enjoyment of the writ petitioner and respondent have found mismatch and both parties have to their rights over the land. It is submitted that Sy.No.344/1 extent Ac. 0.63 cents and Sy.No.344/2 extent Ac.0.77 cents are classified as patta lands RSR of Kagithalagudem Village. It is submitted that action will be taken during resurvey work duly following the procedure and duly issuing notices to all the parties. ” 4. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, he 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 LRs.^”. Therefore, if the petitioner possession of the subject property, the respondents are directed not to interfere with the petitioner’s peaceful enjoyment of the subject property, except by due process of law. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. prove as per IS in possession and 2004(1) see 769 4 0 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- A. VIJAYA BABU assistant registrar SECTION OFFICER //TRUE COPY// To, Y 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Prakasam District at Ongole. The Revenue Divisional Officer, Markapur Revenue Division, Prakasam District. The Tahsildar, Cumbum, Prakasam District. The Mandal Surveyor, Cumbum, Prakasam District. The Village Surveyor, Chinna Cumbum, Prakasam District. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] TwoOCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. ssb HIGH COURT DATED:23/04/2025 ORDER WP.No.10274of 2025 DISPOSING OF THE W.P. WITHOUT COSTS