[3329 ] THE HIGH COURT OF ANDHRA PRAOESK :: AMARAV;^ (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY ef TWO THOUSAND AND TWENTY FIVE ^ IN PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11133 OF 2025 THE Between: 01. Smt / M Polamma W/o. Muneaih, aged 50 years, Occ: House Wife R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt G Subbamma W/ o. Krishnaiah, aged 48 years, Occ; House Wife, R/o. Krishtapuram(V), Renigunta(M) Tirupati District(formea Chittoor Dist.,) 03 Smt B Lakshmi W/o. Lokesh, aged 45 years, Occ: House Wife R/o. Krishtapuram(V), Renigunta(M), Tirupati District{former Chittoor Dist.,) Smt G J Dillemma W/o. Subramanyam, aged 50 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(formur Chittoor Dist.,) Smt G Jayamma W/o. Krishnaiah, aged 52 years, Occ: House Wife, m(V), Renigunta(M], Chittoor Dist.,] 02. 04. 05. R/o. Krishtapu Tirupati District(former Smt S Chitramma W/ o. Mani, aged 50 years, Occ: House Wife R/o. Krishtapuram(V], Reniguntci,M), Tirupati District)fonner Chittoor Dist.,) Smt Shaik Afrajah W/o. Habeeb aged 48 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt T Alivelu W/o. Ramachandra Reddy, aged 55 years, Occ: House Wife, R/o. Krishtapuram(V], Renigunta(M), Tirupati District(former Chittoor Dist.,) 09. Smt Shaik Hurgambi W/o. Jam Saheb, aged 52 years, Occ; House Wife, R/o. KrishtapuramCV), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt Mogili Gurramma W/o. Muneaih, aged 56 years, Occ; House Wife, R/o. Krishtapuram(V'!, Renigunta(M), Tirupati District(former Chittoor DiSu.,) ra 06. 07. 08. 10. lb 11. Smt Chitteti Ankamma W/o. Subbaiah, aged 57 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), , Tirupati District(former Chitfoor Dist.,) Smt Chapala Chengamma W/o. Bathaigih, aged 54 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt Chitteti Kantamma W/o. Ramanaiah, aged 57 years, Occ; House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt G Sumathi W/o. Nagaraju aged 49 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt P Rathnamma W/o. Bathaiah aged 54 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Naga Munthala Malliswari W/o. Rajendraiah, aged 57 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt Chitteti Eswaramma W/o. Ankaiah. aged 50 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt N Rajeswari W/o. Harinath, aged 55 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt N Dhanalakshmi W/o. Muni Chandraiah aged 49 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt Vekula Bujjamma W/o. Muragaiah, aged 54 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt M Revathi W/o. Chengalarayalu, aged 52 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Y Guravaiah S/o. Guravaiah, aged 50 years, Occ; Coolie R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt T Bujjamma W/o. Seemaiah aged 52 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt Guddi Dharani W/o. Gopi, aged 51 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist) Smt G Chenchamma W/o. Venkatesu, aged 56 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt Mekala Subbamma W/o. Chandraiah, aged 54 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt G Chinna Subbamma W/o. Venkataiah, aged 55 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District{former Chittoor Dist.,) Smt E Subbamma W/o. Polaiah, aged 58 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt S Suiyam W/o. Sankaraiah aged 50 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(forro.er Chittoor Dist.,) Smt S Lakshmi Devi W/o. Jaya Flamaiah, aged 57 years, Occ: House Wife, R/o. Krishtapuram(Vj, Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt G Mani W/o. Rangaiah, aged 57 years, Occ: House Wife, R/o. Krishtapuram(V,i, Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt G Pedda Subbamma W/o. Krishnaiah aged 56 years, Occ: House Wife, R/o. Krishtapuram(V|, Renigunta(M), Tirupati District{former Chittoor Dist.,) 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. d Smt S Kantamma W/o. Lakshmaiah, aged 50 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District{former Chittoor Dist.,) T Yerraiah S/o. Papaiah, aged 61 years, Occ: Coolie, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Smt S Mangamma W/o. Nagendraiah, aged 50 years, Occ: House Wife, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) C Gundala Reddy S/o. Penchula Reddy, aged 56 years, Occ: Coolie R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) M Mahesh S/o. Eswaraiah, aged 52 years, Occ: Coolie, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) C Murali S/o. China Chengaiah, aged 50 years, Occ: Coolie, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) M Subrahmanyam S/o. Seshaiah, aged 49 years, Occ: Coolie, R/o. Krishtapuram(V), Renigyinta(M), Tirupati District(former Chittoor Dist.,) Shaik Shajahan S/o. Jamal Basha aged 52 years, Occ: Coolie, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) B Venkata Ramaiah S/o. Srinivasulu, aged 50 years, Occ: Coolie, R/o. Krishtapuram(V), Renig;unta(M), Tirupati District(former Chittoor Dist.,) K Sekhar S/o. Munaswamy, aged 51 years, Occ: Coolie, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) Shaik Khadar Basha S/o. Kalesha, aged 50 years, Occ: Coolie, R/o. Krishtapuram(V), Renigunta(M), Tirupati District(former Chittoor Dist.,) 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 3D 44. S.M.Rafi S/o. Mahabodb Basba, aged 54 years, Occ: Coolie, R/o. Krisbtapuram(V), Renigunta(M), Tirupati District(forme]- Cbittoor Dist.,; P Ravi Sankar S/o. Koiidaiab, aged 50 years, Occ: Coolie, R/o. Krisbtapuram(V), Renigunta(M), Tirupati District(formei- Cbittoor Dist.,; AND State of Andbra Pradesb rep by its Principal Secretary, Revenue Dept., Secretariat, Velagapud::, Guntur. Collector & District Magistrate, Tirupati District at Tirupati. Revenue Divisional Officer, Sri Kalabasthi Division, Tirupati Dist., Tasbildar, Renigunta Mandal, Renigunta, Tirupati District. 45. Petitioners 01. 02. 03. 04. Respondents 5 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/ Direction more particularly one in the Nature of Writ of Mandamus declaring the action of the Respondents in interfering with the possession of enjoyment of the Petitioners over the house sites to an extent of Ac.0-02 cents each in Sy.No.308/8 of Krishnapuram(V), Renigunta(M), Tirupati District pursuant to representation dt. 19.04.2025 as illegal, arbitrary, without jurisdiction besides violation of Art. 14 of the Constitution of India and consequently direct the respondents to follow the due process of law forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4*^ respondent not to interfere and dispossess the Petitioners from their subject house sites to an extent of Ac.0-02 cents situated in Sy.No.308/8 of Krishnapuram(V), Renigunta(M), Tirupati District forthwith. Counsel for the Petitioner(s):SR!, SRINIVASULU KURRA Counsel for the Respondents: GP FOR REVENUE The Court made the following: « • I • • • * A « • APHC010224152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11133/2025 Between; Smt M Polamma and Others ...PETiTIONER(S) AND State Of Andbra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.SRINIVASULU KURRA Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue a Writ/Order/ Direction more particularly one in the Nature of Writ of Mandamus declaring the action of the Respondents in interfering with the possession of enjoyment of the Petitioners over the bouse sites to an extent of A.0-02 cents each in Sy 2 No.308/8 of Krisbnapuram{V) Renigunta (M), Tirupati District pursuant to representation dt 19 04 2025 as illegal arbitrary without jurisdiction besides violation of Art 14 of the Constitution of India and consequently direct the respondents to follow the due process of law forthwith and to pass..." 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. 2. 3. Learned Assistant Government Pleader for Respondents, submitted that if the 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 in accordance with law. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 29.04.2025 wherein it is stated that:- “a. All the writ petitioners will be called for enquiry by issuing notice for production of cognizable documentary evidence along with Aadhar Card etc., b. If the writ petitioners are not available In the purported sites or in the subject land In Sy. No. 308/8, notice will be published in Krishnapuram village where the lands are situated, c. A panchanama also will be recorded In the village. 3 d. Connected revenue records will be verified, e. And after completion of enquiry appropriate action will be taken on the representations dt.19.04.2025 in accordance with provisions of law.” It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the respondents not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioner’s violating 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 this 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 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 interfere with the peaceful possession and enjoyment of the petitioners’ subject property. However, if they intend to take any action against subject property 4. are ( Naidu (Dead) by L.Rs. 2004 (1) see 769 \ 4 of the petitioners, they shall follow the due procedure as contemplated under the law. With the above direction, the writ petition is disposed of. No 5. costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To . The Principal Secretary, Revenue Dept., State of Andhra Pradesh, Secretariat, Velagapudi, Guntur.[By Special Messenger) and District Magistrate, Tirupati District at Tirupati. 1 2. Collector 3. Revenue 4. Tashildar, Renigunta Divisional Officer, Sri Kalabastbi Division, Tirupati Dist., Mandal, Renigunta, Tirupati District.[2 to 4 by RPAD] 5. OneCCto 6. Two CCs to GP [OUT] 7. Three CD Copies SRI. SRINIVASULU KURRA Advocate [OPUC] FOR REVENUE ,High Court Of Andhra Pradesh. HIGH COURT DATED:05/05/2025 ORDER 20JUN O; WP.No.11133 of 2025 Currant THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS