V. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA'^’i * WRIT PETITION NO: 11867 OF 2025 Between: Pilla Suryanarayana, S/o. Pilla Venkaiah, Nagarappalem, Tarluvada Post, Anandapuram Mandalam, Visakhapatnam District Andhra Pradesh, Pin- 530052. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Revenue Department), Secretariat Buildings at Velagapudi,Guntur District, Andhra Pradesh. 2. The Revenue Divisional Officer, Bheemunipatnam, Visakhapatnam District, Andhra Pradesh. 3. The Tahsildar, Anandapuram Mandal, Visakhapatnam District Andhra Pradesh. 4. Chairman, Visakhapatnam Urban Development Authority, VUDA Complex, Siripuram, Visakhapatnam. 5. The District Collector, Visakhapatnam District, Andhra Pradesh. ...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, direction, order or orders more particularlyone in the nature of Writ of Mandamus declaring the action of respondents 1 to 5 herein in trying to occupy and destroying, without giving any notice or any authority, the Cashew nut plantations existing in the dry land admeasuring Ac. 5.00 Cents in Bheemuni Patnam Mandal, Bheemuni Patnarn, Visakhapatnam district belonging to the respondents, obtained by way of D Patta Vide. No. 146/90 dt. 09-08-1990, the same as illegal, arbitrary, violation of Article 14 and 300A of the Constitution of India, consequentially stay of all further proceedings. 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 of all further proceedings pertaining to occupying and destroying, without giving any notice or any authority, the Cashew nut plantations existing in the dry land admeasuring Ac. 4.90 cents in Sy. No. 190/P, 191/P in Tarluda Village, Anandapuram Mandal, Bheemuni Patnam Revenue Division Visakhapatnam district belongs to the respondents, obtained by way of D Patta Vide.No. 146/90 dt: 09-08-1990 pending disposal of the above writ petition. Counsel for the Petitioner: SRI NALLURI RAMESH BABU Counsel for the Respondent Nos. 1, 2, 3 & 5: GP FOR REVENUE - Counsel for the Respondent No.4: SRI SOMISETTY GANESH BABU (SC FOR VUDA) The Court made the following: ORDER A APHC010224052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HMH m [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11867/2025 Between: Pilla Suryanarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.NALLURI RAMESH BABU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO; 11867/2025 ORD E R: 1. The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; "to issue a writ, direction, order or orders more particularly one In the nature of Writ of Mandamus declaring the action of respondents 1 to 5 herein In trying to occupy and destroying, without giving any notice or any authority, the Cashew nut plantations existing in the dry land admeasuring Ac. 5.00 cents in Tarluda Village, Anandapuram Mandal, Bheemuni Patnam Revenue Division, Visakhapatnam district belonging to the petitioner, obtained by way of D Patta DR.No. 146/90 dated 09.08.1990, the same as illegal, arbitrary, violation of Article 14 and 300A of the Constitution of India consequentially stay of all further proceedings and to pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. During 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 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. 3. 4. 5. 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) by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, 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. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. 1 2004 (1)SCC 769 Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary (Revenue Department), Secretariat Buildings at VelagapuUifGUrituP District, Andhra Pradesh. 2. The Revenue Divisional Officer, Bheemunipatnam, Visakhapatnam District, Andhra Pradesh. 3. The Tahsildar, Anandapuram Mandal, Visakhapatnam District Andhra Pradesh. 4. The Chairman, Visakhapatnam Urban Development Authority, VUDA Complex, Siripuram, Visakhapatnam. 5. The District Collector, Visakhapatnam District, Andhra Pradesh. 6. One CC to Sri Nalluri Ramesh Babu Advocate [OPUC] 7. One CC to Sri Somisetty Ganesh Babu, SC for VUDA, Advocate - [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] ' 9. Three CD Copies TF HIGH COURT DATED:06/05/2025 ORDER WP.No.11867 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS