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: 11580 OF 2025 Between: K. Sekhar, S/o K.Doraswamy, Age 50 years, Occ: Agriculture R/o Krishnapuram Village, V.Kota Mandal, Chittoor Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principle Secretary, Revenue Department, Secretariat Building, Velagapudi, Guntur District. 2. The District Collector, Chittoor Dist., at Chittoor. 3. The Revenue Divisional Officer, Palamaner Division, Chittoor Dist. 4. The Tahsildar, V.Kota Mandal, Chittoor Dist. 5. The Village Revenue Officer, V.Kota Mandal, Chittoor Dist. ...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 writ or direction preferably Writ of Mandamus declaring action of the respondents 4 & 5 and their sub-ordinates in trying to dispossess the petitioner from the land in Sy. No.20/5 to an extent of Ac.0-80 situated at Krishnapuram Village, V.Kota Mandal of Chittoor Dist., for allotment of the same to some Interested persons in the village, without issuing any notice and without initiating any proceedings under Land Encroachment Act, 1905 is illegal, arbitrary, violative of principles of natural justice and also violative of consequently direct theArt.300-A of Constitution of India and respondents and their staff not to dispossess the petitioner from the land In any manner. 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 Stay the dispossession of the petitioner from the land in Sy.No.20/5 to an extent of Ac.0-80 situated at Krishnapuram Village, V.Kota Mandal of Chittoor Dist., pending the disposal of writ petition in the interest of justice. Counsel for the Petitioner: SRI M. M. M. SRINIVASA RAO Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following: ORDER APHC010214142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3329] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11580/2025 Between: K Sekhar ...PETITIONER AND Thp> Of AnHHrP ProHoch or>rl . .J_ ^ ^ , iC40wOii C4IIO W 1.1 IOI o ...RESPONDENTS) Counsel for the Petitioner: 1.M M M SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 11580/909^^ NIMMAGADDA ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: to issue writ or direction preferably Writ of Mandamus declarinq of the respondents 4 & 5 and their sub-ordinates in trying to dispossess the petitioner from the land in Sy.No.20/5 to an extent of 0-80 situated %hfesTmTr for aoftment nnZl a Interested persons in the village, without issuing any Ac 1qZ II I proceedings under Land EncroacLent JL , J f ; arbitrary, violative of principles of natural justice and Art/c/e 300-A of Constitution of India and consequently ih^tnH^i ttiB Isno In sny rnsnnorand their staff not to dispossess the petitioner from ” action 2. Heard learned counsel for the Pleader for Revenue for the respondents. During hearing, learned counsel for the petitioner and learned Government 3. petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess/evict the petitioner from his following due process of law. respective property without 4. Learned Government Pleader for Revenue submits that, if the petitioner IS in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) 5. % 3 by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. 1 J5 . Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to evict/dispossess the petitioner from the subject property. except by due process of law. With the above direction, the writ petition is disposed of at the stage of 6. admission with the consent of both the counsel. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ^ 2004 (1) see 769 Sd/- SHAIK MOHD. I^FI assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principle Secretary Revenue Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur Dist. The District Collector, Chittoor Dist., at Chittoor. The Revenue Divisional Officer, Palamaner Division, Chittoor Dist. The Tahsildar, V.Kota Mandal, Chittoor Dist. The Village Revenue Officer, V.Kota Mandal, Chittoor Dist. One CC to Sri M. M. M. Srinivasa Rao, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb HIGH COURT DATED;05/05/2025 ORDER WP.No.11580 of 2025 Anii*.of STAGE OF ADMISSION WITHOUT COSTS