IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY-^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10528 OF 2025 Between: Gidijala Venkataramana, S/o. Paidinaidu, Aged About 52 Years, R/o Door.No.2-63, JogirajuPeta, Alugolu, Vizianagaram - 535218. ...PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Visakhapatnam District at Visakhapatnam. The Revenue Divisional Officer, Visakhapatnam District at Visakhapatnam. The Tahsildar, Gajuwaka Mandal, Visakhapatnam District ^ 1. 2. 3. 4. ...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 interfering with the peaceful possession and enjoyment of the Petitioners land in Sy.No.101/2b, to an extent of Ac.1-08 Cents, situated at ChinnagantyadaVillage, GajuwakaMandal, Visakhapatnam District and trying to dispossess the Petitioner from the said land is as illegal, arbitrary, unjust and contrary to the Fundamental Rights enshrined under the Constitution of India and direct the 4*^^ Respondent not to interfere with the % peaceful possession of the petitioners property without following due process of law. 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 not to interfere with the peaceful possession and enjoyment of the Petitioners land in Sy.No.101/2b, to an extent of Ac. 1-08 Cents, situated at Chinnagantyada Village, GajuwakaMandal, Visakhapatnam District, except by following due process of law pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI R.NAVEEN KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER r ^PHC010197962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] ms. MONDAY .THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10528/2025 getween: gjcijjala Venkataramana ...PETITIONER AND State Of Ap and Others unsel for the Petitioner: ^ r.NAVEEN KUMAR counsel for the Respondent(S): ^ GP for REVENUE Court made the following: ...RESPONDENT{S) The CO The / THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NQ:ins?R/?n?.^ ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession enjoyment of the Petitioners land in SyNo. 101/2b, to an extent of Ac. 1.08 Cents situated at Chinnagantyada Village, Gajuwaka Mandal, Visakhapatnam District and trying to dispossess Petitioner from the said land is as illegal, arbitrary, unjust and contrary to the Fundamental Rights enshrined under the Constitution of India and direct the Respondent interfere with the peaceful possession of the petitioners property without following due process of law and pass such other order or orders....” and the not to 2. Heard learned counsel for the petitioner and learned Pleader for Revenue for the respondents. Government 3. Learned counsel for the petitioner submits that the petitioner herein the absolute owner and IS possessor of the land admeasuring to an extent of Ac.1.08 cents in Sy.No.101/2b situated at Chinnagantyada Village Mandal. Visakhapatnam District having acquired Gajuwaka the same by way of succession. He further submits that the father of the petitioner was granted Ryotwari Patta in respect of the subject land from the Assistant Settlement Officer vide proceedings dated 06.02.1959. Pursuant to the said proceedings, after the demise of the petitioner’s father, the petitioner was issued possession certificate by respondent No.4 in respect of the subject land. As such, the petitioner has been in peaceful possession and enjoyment of the subject property. Even though the petitioner is in possession and enjoyment of the subject property, the respondents are taking steps to dispossess the petitioner from the subject land without following due process of law 4. On the other hand, learned Government Pleader appearing for the respondents furnished written instructions dated 25.04.2025, wherein the relevant portion of the said instructions reads as follows: “Settlement Orders said to be Progs.SR.No.11(a)/172 /59/AKP/Dt.06.02.1959 by the Assistant Settlement Officer, Anakapalli in favour of the writ petitioner father has not been traced out in this office. issued in Survey and Settiment operations were conducted and concluded during the years 1950-1960s. If the above settlement order was issued to the writ petitioners’ father, his name might have been incorporated in revenue records Adangals etc.. viz., MDR, 10-1, SPA, But the name of the petitioner’s father was nowhere incorporated in respondent revenue records. However, the genuiness of the settlement order said to be issued in favour of the writ petitioner’s father will be obtained from and on request of the writ petitioner by the settlement offIcer-cum-Joint Collector, Visakhapatnam further action will be taken following due procedure. Considering the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and perusal of the written instructions furnished by respondent No.4, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to conduct enquiry and inspection regarding the claim of the petitioner as furnished through the written instructions by following due process of law. Further, the respondents are directed not to dispossess the petitioner from the subject land without following due process of law. The entire exercise shall be completed within a period of four (04) months from the date of receipt of a copy of this order, after providing opportunity of hearing to ail the parties concerned. 5. on 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- Wl. PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue De'j^rtment, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam District at Visakhapatnam. 3. The Revenue Divisional Officer, Visakhapatnam District at Visakhapatnam. 4. The Tahsildar, Gajuwaka Mandal, Visakhapatnam District 5. One CC to Sri R. Naveen Kumar, Advocate [OPUCt^ 6. Two CCs to GP for Revenue, y]ghi5ourt of Andhra Pradesh. [OUT] 7. Three CD Copies. HIGH COURT DATED:05/05/2025 ORDER WP.No.10528 of 2025 «=» J 2 2 SEP 2025 O* ^SCjSIwtSecti^^ DISPOSING OF THE W.P. WITHOUT COSTS