IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9404 OF 2025 Between: 1. Kavalakuntia Govinda Prasad, S/o. Prabhudasu, Aged 57 years, Occ: Cultivation, R/o. 4-299a, Opp MPDO Office, Chowtapalem Road, Darsi, Prakasam District Kambhampati Sunny Babu, S/o. Prabhudasu, Aged 57 years, Occ: Cultivation, R/o. 3-218, Christian Colony, Darsi, Prakasam District. ...PETITIONERS 2. AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. The District Collector, Prakasam District at Ongole. Revenue Divisional Officer, Kanigiri Prakasam District. The Tahsildar, Darsi Mandal, Prakasam District. The Village Revenue Officer, Darsi Prakasam District. 2. 3. 4. 5. ...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 the respondents in insisting the petitioners to vacate from their respective agricultural lands admeasuring Ac. 1.00 cents and 0.30 cents covered in Survey No. 932 of Darsi Village and Mandal, Prakasam District, without following any procedure established by law, as illegal, arbitrary, irrational, and without any authority of law, contrary to the provisions of Articles 14, 21, and 300- A of the Constitution of India and consequently direct the respondents to interfere with the petitioners' peaceful possession and enjoyment the said lands in any manner. not over lA NO: 10F 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, particularly 4*^ respondent, not to interfere in any manner with the possession and enjoyment over their agricultural lands admeasuring total extent of Ac. 1.30 cents in Survey No. 932 of Darsi Village and Mandal, Prakasam District, pending disposal of the main writ petition. Counsel for the Petitioners : SRI PETLURI NAGA RAJU Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010178222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9404/2025 [3505] ■E Between; Kavalakuntia Govinda Prasad and Others AND ...PETITIONER(S) ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.PETLUR1 NAGA RAJU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following order: The petitioners claim that they are in possession of lands admeasuring an extent of Ac. 1.00 cents and an extent of 1. Ac.0.30 cents in Sy.No.932 of Darsi Village and Mandal Prakasam District. 2. The petitioners further claim that they also instituted a suit vide O.S.No.23 of 2015 on the file of the learned Junior Civil Judge, Darsi against one Sri Prabhakar and obtained decree for permanent injunction against land admeasuring an extent of Ac.1.00 cents in Sy.No.932 of the said village. 3. It is further case of the petitioners that they also instituted another suit vide O.S.No.19 of 2013 on the file of the learned Junior Civil Judge, Darsi against respondent Nos.2, 4 and one Sri Mala Kondaiah. The said suit was also decreed by Judgment and Decree dated 14.03.2014 over a part of subject land. It is further case of the petitioner that despite the 4. decree passed in suit i.e., O.S.No.19 of 2013, the respondent Nos.2 to 5 tried to interfere with their possession, without issuing any notice. Questioning the said action, the present writ petition is filed. 5. On the other hand the learned Assistant Government Pleader for Revenue placed instructions dated 07.04.2025 furnished by the 4*^ respondent- Tahsildar. 6. On perusal of the said instructions, it is stated that the subject lands are classified as Vagu Poramboke in the revenue records and the petitioners by suppressing the said fact approached the Civil Court and obtained a decree. Taking advantage of the decree, the petitioners have encroached upon though it is classified as Vagu Poramboke which is highly objectionable. It is further stated that, when the 4*^ respondent was about to take action against the petitioners under A.P. Land Encroachment Act, 1905 they approached this Court by filing the present writ petition. It is further stated in the instructions that the appropriate action would be taken against the petitioners after following due process of law. 7. Taking into consideration all the submissions made by both the counsel, this Court feels that it is appropriate to dispose of the present writ petition directing the respondents not to dispossess the petitioners except in accordance with law. It is further made clear that if any action is initiated, the same has to be done after putting the petitioners on notice and appropriate orders be passed, after affording an opportunity of being heard to the petitioners. 8. With the above said directions, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Prakasam District at Ongole. Revenue Divisional Officer, Kanigiri Prakasam District. The Tahsildar, Darsi Mandal, Prakasam District. The Village Revenue Officer, Darsi Prakasam District. One CC to Sri Petiuri Naga Raju, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. 2. 3. 4. 5. 6. 7. Cnr p HIGH COURT DATED: 16/04/2025 ORDER WP.No.9404 of 2025 andh^ o o 2 7 MAY 2025 o» A fS' . Currents ★ DISPOSING OF THE W.P. WITHOUT COSTS