[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11924 OF 2025 Between: it- Gollapalli met! Eswara I y @ Eswara Reddy, S/o Gollapalli Meti Late Verna Reddy, Aged . about 44 years, Occ: Cultivation, R/o: J. Venkatampalli, H/o Kalugpdu. Village, Pulakunta Post, Gummagatta Mandal, Ananthapuramu District. ...PETITIONERS S ; : AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat buildings, Velagapudi, Amaravathi, Guntur District, A.P ' 2. The District Collector, Anahtapuramu Town, Anantapuramu District. "i 3. The Revenue Divisional Officer, Kalyandurgam town, Anantapuramu District. 4. The Tahsildar, Gummagatta Village, Anantapuramu District. Gummagatta Mandal, O/o. The Tahsildar, 5. Mandal Surveyor, Gummagatta Mandal Gummagatta Mandal, Gummagatta Village, Post and Mandal, Anantapuramu District. 6. Mandal Revenue Inspector, Gummagatta Mandal, O/o. The Tahsildar, Gummagatta Mandal Gummagatta Village, Post and Mandal, Anantapuramu District. 7. V Bheema Reddy, S/o Late UruvakiliBheemanna, Aged about 65 years, R/o J Venkatampalli, H/o Kalugodu Village, Pulakunta Post, Gumagatta Mandal, Ananthapuramu District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the Court may be pleased to issue an appropriate order, writ or direction, more particularly one in the nature of writ of mandamus, declaring the action of the Respondents herein especially the Respondent No. 3 to 6 in interfering with the peaceful possession of the petitioner's property and threatening to dispossess the petitioner from his property in Sy. NO.61-1B to an extent of Ac. 5-32 cents in Kalugodu Village, Gummagatta Mandal, Anantapuramu on the pretext of Respondent no.7 as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India and consequently direct the Respondent No.3 to 6 not to interfere with the day to day activities pertaining to property in Sy. N0.6I-IB to an extent of Ac. 5-32 cents in Kalugodu Village, Gummagatta Mandal, Anantapuramu district. 'U 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 respondents No. 3 to 6not to interfere with the peaceful possession of the petitioner in Sy. NO.61-1B to an extent of Ac. 5-32cents in Kalugodu Village, Gummagatta Mandal, Anantapuram district and to further follow due process of law in the interest of justice. u Counsel for the Petitioner: SRI AYESHA AZMA S Counsel for the Respondents No.1 to 6: GP FOR REVENUE The Court made the following: i. r , 4 - 'I .. 1.. APHC010226862025 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 WRIT PETITION NO: 11924/2025 [3329] Between: Gollapalli Meti Eswara Reddy Eswara Reddy AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.AYESHA AZMAS Counsel for the Respondent(S): 1.GP FOR REVENUE This Court made the following ORDER:- ...PETITIONER This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue an appropriate order more particularly one in the nature of writ of mandamus, declaring the action of the Respondents herein especially the Respondent No. 3 to 6 in interfering with the peaceful possession of the petitioner's property andthreatening to dispossess the petitioner from his property in Sy. N0.6I-IB to an extent of Ac. 5-32 cents in Kalugodu Village, Gummagatta Mandal, Anantapuramu on the pretext of Respondent no.7 as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India and consequently direct the Respondent No.3 to 6 not to interfere with the day to day activities pertaining to property in Sy. N0.6I-IB to extent of Ac. 5-32 cents in Kalugodu Village, Gummagatta Mandal, Anantapuramu district and to pass...” 1. writ or direction. an v*^ 2 2. During hearing, learned counsel for the touching the merits of the petitioner, without 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. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 10.04.2024 issued by the 4‘^ respondents wherein it is stated that:- Further it is submitted that due to no avail of Plan Marked Rastha the respondent no 11(Smt K.Suvarnamma W/o K.Eshwar Reddy) have given a grievance petition in Revenue Sadassulu Programme conducted on 12-12-2024 Kalugodu Village vide No: RSATP202412126692 dated: 12-12-2024. For the enquiry of the above said grievance the Tahsildar Office Staff i.e. Mandal Surveyor, Gummagatta along with Village Surveyor, Kalugodu Secretariat and Village Revenue Officer, Kalugodu Village has inspected the said survey no 61 and identified that plan marked rastha from J.Venkatam Palli Village Belodu these rastha is passing from Survey number No: 59, 61 and 63 in Kalugodu Village. As could see the record and in the field the petitioner is having agriculture fields in Sy.No:61-18 an extent of Ac 5.80 cents. The petitioner is not agreeing the request of facilitate the farmers living in the upper part of the petitioner’s land and there is the petitioner is no right to prevent the movement of farmers through the plan marked going from J.Venkatam Palli village to Belodu village in Gummagatta Mandal”. in one to rastha which is 3 4. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents’ authorities 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 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 Naidu (Dead) by LRs.\ when petitioner^ 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 against subject property of the petitioner^, they shall follow the due procedure as contemplated under the law. \ the action 2004 (1) see 769 4 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ION OFFICER SECTI To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, A.P.[By Special Messenger]: '>:/r 2 The District Collector, Anantapuramu Tow 3. The Revenue Divisional Officer, Kalyandurgam town, Anantapuramu District. 4. The Ar»or»forM iro I IC4I iiCipcii a District. /n M I C4 Tahsildar, Gummagatta Village Anantapuramu District. Gummagatta Mandal, 5. Mandal Surveyor, Gummagatta Mandal, O/o. The Tahsildar, Gummagatta Mandal, Gurnmagatta Village, Post and Mandal, Anantapuramu District. 6. Mandal Revenue Inspector, Gummagatta Mandal, O/o. The Tahsildar, Gummagatta Mandal Gummagatta Village, Post and Mandal, Anantapuramu District; '/ ; ^ 7. V Bheema Reddy, S/o LafeUruv^ Aged about 65 years, R/o J Venkatampalli, H/6 K^Jugodu Village, Pulakunta Post, Gumagatta Mandal, Ananthapurarriu Distriet.[2 TO 7 BY RPAD] 8. One CC to SRI AYESHA AZMA S Advocate [OPUC] 9. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 10. Three CD Copies ..j' •-'•n v-,- r \ \ > w HIGH COURT DATED:06/05/2025 ORDER ^0 1JUL2U25 isJIuritnt SectiQ|i^5 WP.No.11924 of 2025 Co THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS