f ( IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10210 OF 2025 ’■X. fir '7 BETWEEN: 1. Vegunta Krishna Kumarl W/o. (Late) Vegunta Jagan Mohan Rao Age 61 years, R/o. D.No.1-66, Suryaraopeta, Garlamadugu Panchayati, Pedavegi Mandalam, West Godavari District-534450. 2. Mendem Devadattam S/o. (Late) Mendem Balasundaram, Age 59 years, R/o. Joseph Nagar. Duggirala, PO: Sanivarapu Peta, Pedavegu Mandalam, West Godavari District-534003. 3. Nulu Jayapal S/o. (Late) Nulu Venkateswararao, Age 65 years, R/o. H.No.1-50, Ramalayam Street, Near Ramalayam Temple, Thotagudem, Pedapadu Mandalam, West Godavari District- 534437. 4. Variganji Korneli S/o. (Late) Variganji Kalyana Sundaram, Age 58 years, R/o. H.No.15-111, Kollapharam, Vatiuru, Pedapadu Mandal, West Godavari District-534007. \ 5. Bejjam Krupavaram S/o. (Late) Bejjam Veera Putra, Age 80 years, R/o. H.N0.16B-16-42, Titus Nagar, Near Hospital Road, Division-29, Eluru, West Godavari District. 4 6. Yadia Tambi Ananda Kumar S/o. (Late) Yadia Samuel, Age 42 years, R/o. H.No.14-189, Poultry Complex, Vatiuru, Pedapadu Mandalam, West Godavari District-534007. 7. Matta Subbarao S/o. (Late) Matta Pothuraju, Age 75 years, R/o. D.No,9-145, Kollapharam, Vatiuru, Pedapadu Mandalam, West Godavari District-534007. 8. Mendem Yesupadmarani W/o. (Late) Mendem Labanu, Age 56 years, R/o. H.No.15-105, Kollapharam, Vatiuru Pedapadu Mandalam, West Godavari District-534007. 9. Betha Lakshmi Prasad S/o. (Late) Betha Apparao, Age 66 years, R/o. H.No.1-194, Vaddigudem Road, Near Kanakadurgarnma Temple, Satyavolu, Pedapadu Mandal, West Godavari District-534007. 10. Mukkelli Babu Rao S/o. (Late) Mukkelli Musalayya, Age 66 years, R/o H.No.15-103, Kolapharam, Vatiuru, Pedapadu Mandal, West Godavari District-534007. 11. Jujjavarapu Samuel S/o. (Late) Jujjavarapu Siva Nagaiah Age 74 years, R/o. H.No.6-115, Indira Colony, Near Primary Health Center, Sanivarapupeta, Eluru Mandalam, West Godavari District-534003. 12. Bokkalam Gangajalam W/o. Mutyala China Rajendra, Age 69 years. c , 5 R/o. D.No.24-3/3, 4 Gulla Veedhi Pathebad, Eluru, West Godavari District-534001. 13. Kunuku Ramarao C/o. (Late) Kunuku Anjaneyulu, Age 69 years, R/o. H.No.14-197, Pragathi poultry complex, Vatiuru, Pedapadu Mandalam, West Godavari District-534007. 14. Jujjavarapu Lalitha Kumari W/o J.Raju, Age 40 years, R/o. D.No.8-65, Patha Harijjanavada, Atkuru, Unguturu Mandalam, Peda Avutapalle Krishna District-521286. 15. Rowthu Koteswara Rao S/o. (Late) Rowthu Dalieyya, Age 65 years, R/o. H.No.1-13, Pata Uuru, Sakalakothapalle, Pedapadu Mandal, West Godavari District-534437. 16. Thokala Jovahanamma, W/o. (Late) Nageswara Rao, Age 75 years, R/o. D.No.14-201, kollafaram, Vatiuru, Pedapadu Mandal, West Godavari District-534007. 17. Gandivalasa Suseela C/o. (Late) Gandivalasa Koteswararao, R/o. D.No.130, Housing Board Colony, Near Karmel Church, Vatiuru, Pedapadu Mandalam, Eluru District-534007. > 18. Betha Umamaheswara Rao S/o. (Late) Beta Durgaiah, Age 71 years, R/o D.No.11/9B, 2'^'^ Street, Eluru Road, Near new current office, Gudivada-523101. Krishna District. 19. VariganjI Subhashini W/o. Ratna Kumar, 6 Age 65 years, lyo D.No.1-1, Pragathi Poultry Complex Vatluru, Pedapadu Mandalam, West Godavari District-53400A 20. Vooba Nireekshana C/o. Valluri Devid Raju, Age 77 years, Wo D.No.9-145/1, 12"' Road, Sriram Nagar, Sanivarapupeta, West Godavari District-534003. 21. Chinta Mehar Baba S/o. (Late) Chinta Soma Raju, Age 58 years, R/o D.No.5-68/1. Dondapadu, Sanivarapu Peta, Pedavegi Mandalam, West Godavari District-534003. 22. Bonu Ammaji C/o. Krishna, D/o. Adinarayana, Age 65 years, R/o H.No. 14-202, Vatluru, Poultry Form Vatluru, Pedapadu Mandal. West Godavari District-534007. 23. Dukkipati Chandra Paul Allas Rao S/o. (Late) Dukkipati Fransis, R/o H.No.12-107/1, Pedapadu Mandal, Pragathi Poultry Complex, Vatluru, West Godavari District-531997. 24. Tata Adinarayana S/o. (Late) Tata Veeraswamy, Age 71 years, H.No.4-24, Near Rice Mill, Pedavegi Mandalam, West Godavari District-534450. 25. Manikonda Yedukondalu S/o Manikonda Venkatesh, Age 65 years, R/o D.No. 15-75, Vatluru, Kolia Faraam, Vatluru, Pedapadu, West Godavari District-534007. 26. Koppula Kasturl c 7 W/o. (Late) Koppula Subrahmanyam Age 55 years, R/o H.No. 15-80/1, Kollaforum, Vatiuru, Pedapadu Mandal, West Godavari District-534007. 27. Kody Durga Rao S/o. (Late) Kody Venkateswara Rao, Age 47 years, R/o D.N0.22C-14-2, Punyamurthulavari Street, Powerpeta, Eluru, West Godavari District-534002. 28. Madda Lokeswafi W/o. (Late) Madda Venkateswara Rao, Age 75 years, R/o H.No. 16-120, Pragathiputra Complex, Pedapadu Mandalam, Vatiuru, West Godavari District-534007. 29. Vankineni Rajani Kumari W/o. (Late) Vankineni Lakshmana Prasad R/o H.No.12-117, Sunkara Vari Thota, Gayatri Nagar Colony, Eluru Mandal. Venkatapuram, West Godavari District-534001. 30. Pothineni Rajeswari W/o. (Late) Pothineni Koteswararao, Age 75 years, R/o H.No.12-108, Kollafaram, Vatiuru Pedapadu Mandalam, West Godavari District-534007. ...Petitioner AND 1. The State of Andhra Pradesh Represented by its Principal Secretary Department of Revenue, Secretariat, Velagapudi Guntur. The District Collector, Eluru District, Eluru. The Schedule Caste Corporation, Eluru, 2. 3. 8 < Eluru District, Rep by its Executive Director. 4. The Revenue Divisional Officer, Eluru Division, Eluru District. 5. The Tahsildar, Pedapadu Mandal, Eluru District. 6. The District Rural Development Authority (DRDA), Eluru District, Eluru, Rep by its Executive Director. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in interfering with the peaceful possession of the Petitioners property admeasuring Ac.7.50 cents in Sy.No.791/4 of Valluru Village,Peddapadu Mandal, West Godavari District, which was given to the Petitioners, as illegal arbitrary highhanded and violative of principles of fundamental rights guaranteed to the Petitioner under Articles 14, 21 and 300A of Constitution of India and contrary of G.O.Ms,No.596 of Revenue Lands I Department dated 19,12.2023 and consequently to direct the Respondents to grant Permanent patta to the Petitioners in terms of G.O.Ms.No.596 of Revenue Lands I Department dated 19.12.2023 with regard to Petitioners 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 writ petition, the High Court may be pleased to direct the respondents not to interfere with the extent of Acs.7.50 cents in Sy.No.791/4 of Valluru Village, Peddapadu Mandal, West Godavari District. Counsel for the Petitioner(s):SRI ARUN SHOWRI G Counsel for the Respondents No.1,2,4,5: GP FOR REVENUE Counsel for the Respondents No.3: — Counsel for the Respondents No.6: SRI HARIBABU (DRDA) The Court made the following: ORDER ::1:: f APHC010196922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10210/2025 Between: ...PETITIONER(S) Vegunta Krishna Kumari and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.ARUNSHOWRI G Counsel for the Respondent(S): 1.GP FOR REVENUE ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10210/2025 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in interfering with the peaceful possession of the Petitioners’ property admeasuring Ac.7.50 cents in Sy.No.791/4 of Valluru Village, Peddapadu Mandal, West Godavari District, which was given to the Petitioners, as illegal, arbitrary highhanded and violative of principles of fundamental rights guaranteed to the Petitioners under Articles 14, 21 and 300-A of Constitution of India and contrary to G.O.Ms.No.596 of Revenue Lands I Department, dated 19.12.2023 and consequently to direct the Respondents to grant Permanent patta to the Petitioners in terms of G.O.Ms.No.596 of Revenue Lands I Department dated 19.12.2023 with regard to Petitioners property and pass...” 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their lands, without following due process of law. 3 admitted that the Learned Government Pleader for Revenue petitioners are in continuous possession of the subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 3. 4. Learned counsel for the petitioners submits that on 06.04.1981, the West Godavari District established one Pragathi West Godavari District then District Collector^ Poultry Complex, which was registered as Scheduled Caste Service Cooperative Society Limited vide No. E-1161 Eluru proposing for livelihood to the unemployed youth of 30 people, amongst whom 16 persons belong to SC community, 8 persons belongs to Community and 5 persons belongs to the other communities. The said scheme was supported by the margin money provided by the 3^'^ BC respondent and subsidy provided by the 6*'^ respondent and the loans the Andhra Bank, Ramachandra Raopeta Branch, Eluru, West granted by Godavari District. The loans that were advanced to the beneficiaries by the successfully repaid by the Petitioners and their Andhra Bank were predecessors. Learned counsel for the Petitioners further submits that the constructed in an extent of Ac.7.50 cents in Pragathi Poultry Complex was Sy.No.791/4 of Valluru Village, Peddapadu Mandal, West Godavari District. Each beneficiary is allotted Ac.0.2 y2 cents towards house site and Ac.0.7 Va 4 cents towards Poultry Shed. However, unfortunately in the year 1999, there were diseases, like Gambora and other chronic diseases throughout the country, due to which, petitioners sustained heavy losses. Since 1999 there is no support or assistance from the authorities concerned to all the petitioners became helpless and eking out their livelihood by doing coolie work. as 5. Learned counsel for the Petitioners further submits that in the year 1998 the respondent No.5 granted pattas to the residential houses as well as to the Poultry Shed. As there is no proper support from the respondent authorities, all the petitioners are eking out their livelihood by grazing buffaloes, sheep, country hen and petty occupations etc., besides doing coolie work. 6. While things stood thus, on 07.04.2025 the respondents and their men had come to the Petitioners’ properties claiming that the Government would resume the subject lands. Hence the writ petition. 7. The learned Government Pleader asserts that if the respondents intend to resume the land from the petitioners, who are in long standing possession over the subject property, the respondents have no other option to follow due procedure contemplated under law. 8. It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled •"5“ to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioners’ 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 these petitioners’ possession is illegal, still, the petitioners are 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 L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioners from their property, except by due process of law. 9. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. The miscellaneous petitions pending, if any, shall stand closed. 2004 (1) see 769 Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// /^VSECTION OFFICER To, 1. The Principal Secretary Department of Revenue, State of Andhra Pradesh, Secretariat, Velagapudi Guntur. 2. The District Collector, Eluru District, Eluru. 3. The Executive Director, Schedule Caste Corporation, Eluru Eluru District. 4. The Revenue Divisional Officer, Eluru Division, Eluru District. 5. The Tahsildar, Pedapadu Mandal, Eluru District. 6. The Executive Director, District Rural Development Authority (DRDA), Eluru District, Eluru. 7. OneCCto Sri Arun Showri G., Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri Hari Babu, SC for DRDA(OPUC) 10. Three C.D. Copies. Cnr HIGH COURT DATED:22/04/2025 ORDER o I 27MAlf 2025 g: Curreni Secuon . WP.No.10210 Of 2025 DISPOSING OF THE W.P. WITHOUT COSTS