4 IN THE HIGH COURT OF ANDHRA PRADESH AMAR (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12096 OF 2025 Between: Tippireddy Pedda Subbalah, S/o. Late Balaiah, Aged 55 Years, Occ. Cultivation, R/o. K. Agraharam C.S. Puram Mandal, Prakasam District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Kandukur Revenue Division, Prakasam District. 4. The Tahsildar, C.S Puram Mandal Prakasam District. 5. The Mandal Surveyor, C.S Puram Mandal, Prakasam District. 6. The Grama Surveyor, R.K. Palli Grama Sachivalayam, C.S. Puram Mandal, Prakasam District. 7. Sommala Venkataiah, S/o. Venkat Reddy, Aged 35 years, Occ.Cultivation, R/o. K. Agraharam Village, C.S. Puram Mandal Prakasam District. 8, Kopparthi Padma, W/o. Obayya, Aged 38 years Occ. Cultivation, R/o. Chirladinni village, Kanigiri Mandal, Prakasam District. ...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 respondents 4 to 6 in insisting the petitioner to vacate from his agncultural landed property in an extent of Ac.3.00 cents in Survey No 63,28 of Musunuru Revenue Village in C.S. Puram Mandal Prakasam District at the instance of 7th respondent irregular, irrational, without jurisdiction of as illegal, and in violation of the provisions of Andhra Pradesh Survey Articles 14, 21 and 300A of the Constitution direct the and Boundaries Act, 1923 and offends consequently in any manner with his of India and respondents not to interfere i possession and enjoyment of aforesaid landed IA_N0M0F 2025 property. Petition under Section 151 CPC praying that in the circumstances m support of the petition, the High Court stated in the affidavit filed i be pleased to direct the may respondents not to interfere in any manner with petitioner's possession and enjoyment of petitioner agricultural landed property in an extent of Ac.3.00 cents in Survey No. 63-2B of Musunuru Revenue Viiiage in C.S. Puram Mandal of Prakasam District vacate him from his said land. and not to Counsel for the Petitioner :M/s. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: • • 1 • • • • A • • APHC010233772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA SMS [3329] WRIT PETITION NO: 12096/2025 Between: Tippireddy Pedda Subbalah, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REVENUE 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 a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 4 to 6 in insisting the petitioner to vacate from his agricultural landed property in an extent of Ac 3 00 cents in Survey No 632B of Musunuru Revenue Village in C S Puram Mandal of Prakasam District at the instance of 7th respondent as illegal irregular irrational without jurisdiction and in violation of the provisions of Andhra Pradesh Survey and Boundaries Act 1923 and offends Articles 14 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere in any manner with his possession and enjoyment of aforesaid landed property and pass and pass...” 2. Durinq hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from their lands, without following due process of law. Learned Assistant Government Pleader for Respondents, submitted that the petitioner is in continuous possession of subject land and the respondents’ authorities would follow due process of law and requested to pass appropriate orders in accordance with 3. law. 4. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s 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 petitioner’s possession is illegal, still, the petitioner is 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 LRs.\ when the petitioner is in settled possession and enjoyment of the property, they cannot be dispossessed, without following due of law. Therefore, the respondents are directed to follow due procedure as contemplated under the law if the petitioner is in possession of the subject property. With the above direction, the writ petition is disposed of. No process 5. costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// ^ OFFICER SEC To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Guntur District.(SPECIAL MESSENGER) 2004 (1) see 769 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Kandukur Revenue Division, Prakasam District. 4. The Tahsildar, C.S Puram Mandal Prakasam District. 5. The Mandal Surveyor, C.S Puram Mandal, Prakasam District. 6. The Grama Surveyor, R.K. Palli Grama Sachivalayam, C.S. Puram Mandal, Prakasam District. 7. Sommala Venkataiah, S/o. Venkat Reddy, Aged 35 years, Occ.Cultivation, R/o. K. Agraharam Village, C.S. Puram Mandal Prakasam District. 8. Kopparthi Padma, W/o. Obayya, Aged 38 years Occ. Cultivation, R/o. Chirladinni village, Kanigiri Mandal, Prakasam District.(Nos. 2 to 8 by RPAD) 9. One CC to SRI. NIMMAGADDA REVATHI Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. 10. [OUT] 11. Three CD Copies psk HIGH COURT DATED:06/05/2025 ORDER WP.No.12096 of 2025 DISPOSING THE WRIT PETITION WITH NO COSTS