[ 3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) rik. WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL K TWO THOUSAND AND TWENTY FIVE %% PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD;^ /r WRIT PETITION NO: 10254 OF 2025 Between: 1. Karamthoti Venkateshulu Naik, S/o. late Haje Naik, Aged 70 years, Rio. D.No.5-1, Madigubba Thanda,<Atmakur Mandal, Ananthapuram Distridt. 2. Karamthoti Hemalamma, W/o, K. Venkatesulu Naik, Aged 65 R/o. D.No.5-1, Madigubba Thanda, Atmakur Mandal, Ananthapurafn District. years, ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Assignment), Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Ananthapuramu, Ananthapuramu District. 3. The Revenue Divisional Officer, Ananthapuramu, Ananthapuramu District. 4. The Tahsildar, Atmakur, Ananthapuramu District. It 5. The Mandal Surveyor, O/o. Tahsiidar, Atmakur, Ananthapuramu District. 6. The Village Surveyor, O/o. Tahsiidar, Atmakur, Ananthapuramu District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in the nature of Writ of Mandamus, declaring the action of the respondent nos.2 to 6 in forcibly attempting to dispossess the petitioner no.1 from the lands in Sy.No.72-5 to an extent of Ac.0.94 cents, in Sy.No.297-7 to an extent of Ac.0.12 cents, in Sy.No 297-8 to an extent of Ac.0.25 cents, in Sy.No.297-9 to an extent of Ac.fel.60 cents, in Sy.No.298-5 to an extent of Ac.No.1.83 cents and in Sy.No.299-5 to an extent of Ac.No.1.14 cents situated at Madigubba Thanda, Atmakur Mandal, Ananthapuram District and in respect of petitioner no.2 from the lands in Sy.No.299-18 to an extent of Ac.1.12 cents, in Sy.No.298-7 to an extent of Ac.No.2.71 cents and in Sy.No.286-4 to an extent of Ac.No. 1.17 cents situated at Madigubbd^ Thanda, Atmakur Mandal, Ananthapuram District without issuing any notice, without following any procedure ' and without adhering to any law at the instance of some third parties is illegal, arbitrary and consequently direct the respondents not to interfere and not to dispossess the petitioners from the above lands in question. lA NO: 1 OF 2025 one Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents is filed praying that in the not to dispossess the petitioner no.1 from the lands jn Sy.No.72-5 to an extent of Ac.0.94' cents, in Sy.No.297-7 to an extent of Ac.0.l2 cents in Sy. No.297-8 to an extent of m HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 10254 of 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of 1. Incia seeking the following relief: “to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 6 in forcibly attempting to dispossess the petitioner No.1 from the lands in Sy.No.72-5 to an extent of Ac.0.94, cents in Sy.No.297-7, to an extent of Ac.0.12 cents in Sy.No.297-8 to an extent of Ac.0.25 cents in Sy.No.297-9 to an extent of Ac.No.1.60 cents in Sy.No.298-5 to an extent of Ac.No.1.83 cents and in Sy.No.299-5 to an extent of Ac.No.1-14 cents situated at Madigubba Thanda, Atmakur Mandal, Ananthapuram District and in respect of petitioner No. 2 from the lands in Sy.No.299-18 to an extent of Ac.1.12 cents in Sy.No.298-7 to an extent of Ac.No.2.71 cents and in Sy.No.2864 to an extent of Ac.No.1.17 cents situated at Madigubba Thanda, Atmakur Mandal, Ananthapuram District without issuing any notice without following any procedure and without adhering to any law at the instance of some third parties is illegal arbitrary and consequently direct the respondents not to interfere and not to dispossess the petitioners from the above lands in question and to pass such other order or orders...” The learned counsel for the petitioners submits that, the petitioners were assigned lands admeasuring to an extent of Ac.0.94 cents in Sy.No.72- 1. 5, Ac.0.12 cents in Sy.No.297-7, Ac.0.25 cents in Sy.No.297-8, Ac.1.60 cents in Sy.No.297-9, Ac.1.83 cents in Sy.No.298-5, and Ac.1.14 cents in Sy.No.299-5, situated at Madigubba Thanda, Atmakur Mandal, Ananthapuram District. In respect of petitioner No.2, the assigned lands admeasuring to an extent of Ac.1.12 cents in Sy.No.299-18, Ac.2.71 cents in Sy.No.298-7, and Ac.1.17 cents in Sy.No.286-4, situated at Madigubba Thanda, Atmakur \ Mandal, Ananthapuram District, standing possession of the said lands, the Since the petitioners have been in long- revenue authorities, after following due procedure, granted assignments in their favour in the year 1985. Since then, the petitioners have been cuitivating the subject iands by growing crops. While things stood thus, respondent Nos. petitioners from their peacefui possession and enjoyment of the iands and 4 to 6 are trying to dispossess the have directed them not to cultivate the lands, the lands to other stating that they intend to allot persons under a beneficiary quota by cancelling the petitioners’ assignments. 2. The learned Assistant Government Pleader for Revenue the respondents submits that the respondents procedure if they intend to take pass appropriate orders in accordance with law. 3. It is settled proposition of law that when the appearing for authorities will follow the due any steps against the subject property and petitioners are in settled are not entitled to enjoyment of the petitioners and such would amount to depriving the under Article 300-A of the 14 of the Constitution of India, petitioners’ possession is illegal, still, are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame possession and enjoyment of the property, the respondents interfere with the possession and highhanded action of the respondents petitioner’s constitutional right guaranteed Constitution of India, besides violation of Article Even assuming for a moment that this the petitioners Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs.\ when the petitioners are in settled possession and enjoyment of the property, th^y cannot be dispossessed, without following due process of law. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents, and on perusal of the material available op record, this Court is of the considered view that the present writ petition can be disposed of by directing the respondents that, if they intend to take any steps against the subject property, they shall follow due process of law an(J restore the names of the petitioners as pattadars and possessorsin respect of the subject land, as per their entitlements, by following due process of law. In the meanwhile, status-quo obtaining as on today in respect of the subject property shall be maintained by the both parties. However, the petitioners ares directed to participate in the proceedings initiated by the respondents. With the above said direction, the Writ Petition is disposed of. There 6. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \\ 2004 (1) see 769 m / To, 1. The Principal Secretary, Revenue Department (Assignment), State of Andhra Pradesh, District.[By Special Messenger] 2. The District Collector, Ananthapuramu, Ananthapuramu District. 3. The Revenue Divisional Officer, Ananthapuramu, Ananthapuramu District. 4. The Tahsildar, Atmakur, Ananthapuramu District. 5. The Mandal Surveyor, O/o. Tahsildar, Atmakur, Ananthapuramu District. 6. The Village Surveyor. O/o. Tahsildar, Atmakur, District.[2 to 6 by RPAD] 7. One CC to SRI. N ASWARTHA NARAYANA Advocate [OPUC] 8. TwoCCsto GP FOR REVENUE .High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies Secretariat, Velagapudi Amaravathi, Guntur Ananthapuramu / HIGH COURT DATED:23/04/2025 ORDER WP.No. 10254 of 2025 the writ petition is disposed of without COSTS