i IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11748 OF 2025 Between: S Kondalarao, S/o late Chinnayya aged 58 years Occ Business R/o Thummikapalli village Kothavlasa Mandal Viziangaram District A P ...Petitioner/s AND HRA PRADESH, represented by its Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District The District Collector, Visakhapatnam District Visakhapatnam The Revenue Divisional Officer, Vizianagaram 535002 Vizianagaram District Andhra Pradesh The Tahsildar, Visakhapatnam Rural Mandal Visakhapatnam District The Manadal Surveyor, Kothavalasa Mandal, Vizianagaram District^ The Village Revenue Officer (VRO), Bhalighattam Village, Kothavalasa Mandal, Vizianagaram District. M/s Royalmindz Estates Pvt Ltd, Rep by its Managing Director, Satya Venkata Srinivas Borusu, S/o Nageswara Rao, age. 52 years, R/o Flat no. 303, Ashok Badam Appartment, Road No. 4, Banjara Hills, Hyderabad. Mukka Chiranjivi, s/o late Venkataramana, aged 35 years, Occ: not known to the petitioner, R/o Thummikapalli village Kothavlasa Mandal Viziangaram District A P 1. THE STATE OF AND I !i ivxi^ai 2. 3. 4. 5. 6. 7. 8. 7/ 9. Gollavilli Mutyalu, s/o Sannibabu, aged 70 years, Occ: not known to the petitioner R/o Thummikapalli village Kothavlasa Mandal Viziangaram District A P 10. Gollavilli Sanyasirao, s/o Mutyalu, aged 38 years, Occ: not known to the petitioner R/o Thummikapalli village Kothavlasa Mandal Viziangaram District A P Adduri Arjuna, s/o late Appalanaidu, aged 37 years, Occ; not known to the petitioner R/o Thummikapalli village Kothavlasa Mandal Viziangaram District A P Pilla Srinu, s/o late Demudu, aged 33 years, Occ: not known to the petitioner R/o Thummikapalli village Kothavlasa Mandal Viziangaram District A P Kadimi Tatababu, s/o late Appanna, aged 58 years, Occ: not known to the petitioner R/o Thummikapalli village Kothavlasa Mandal Viziangaram District A P Pilla Eswararao, S/o not known to the petitioner, aged 58 years, Occ: not known to the petitioner R/o Thummikapalli village Kothavlasa Mandal Viziangaram District A P 11. 12. 13. 14. ...Respondent/s ^ 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 no. 4 to 6 in proceeding to demarcate the Petitioner's land admeasuring Ac. 1.96 cts situated in Sy. No. 174/2 of Bhalighattam Village, Kothavalasa Mandal, Vizianagaram District, without issuing any notice and in collusion with the unofficial respondents, as illegal, arbitrary, 21 and 300-A of the no. 4 to 6 to unconstitutional and violative of Articles 14 Constitution of India consequentiy direct the Respondents refrain from interfering with the Petitioner's iawfui possession and enjoyment of land admeasuring Ac. 1.96 cts situated in Sy. No. 174/2, of Bhalighattam Village, Kothavalasa Mandal, Vizianagaram District. 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 no. 4 to 6 to not to interfere with the peaceful possession and enjoyment of the petitioner's land admeasuring Ac. 1.96 cts situated in Sy. No. 174/2, of Bhalighattam Village, Kothavalasa Mandal, Vizianagaram District, without following due procedure of law; Counsel for the Petitioner:M/s. PILLIX LAW FIRM Counsel for the Respondents: GP FOR REVENUE The Court made the following: 1 NV,J W.P.No.11748 of 2025 APHC010237332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11748/2025 Between: ...PETITIONER S Kondalarao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PILLIX LAW FIRM Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 NV,J W.P.No.11748 of 2025 The Court made the following: 1. This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, claiming the following direction: “To issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents no. 4 to 6 in proceeding to demarcate the Petitioner’s land admeasuring Ac. 1.96 cts situated in Sy. No. 174/2 of Bhalighattam Village, Kothavalasa Mandal, Vizianagaram District, without issuing any notice and in collusion with the unofficial respondents, unconstitutional and violative of Articles 14, 21 and 300- A of the Constitution of India consequently direct the Respondents no. 4 to 6 to refrain from interfering with the Petitioner's lawful possession and enjoyment of land admeasuring Ac. 1.96 cts situated in Sy. No. 174/2, of Bhalighattam Village, Kothavalasa Mandal, Vizianagaram District” as 2. The case of the petitioner is that, petitioner claims to be owner and possessor of the land of an extent of Ac. 1-96 cents in Sy.No. 174/2, Bhalighattam Village, Kothavalasa Mandal, Vizianagaram District. The petitioner has been in peaceful possession and enjoyment of the subject land without any interruption whatsoever. The petitioner submits that, respondents are trying to interfere into the peaceful possession and enjoyment of the petitioner’s subject land. Questioning the inaction of the respondents, the present writ petition is filed. 3. Learned Government Pleader for Revenue placed on record written instructions furnished by the Tahsildar, Kothavalasa vide Rc.No.341/2025/SA dated 05.05.2025, wherein it is submitted that, the official respondents have not 3 NVJ W.P.No.11748 of 2025 been interfering with the possession and enjoyment of the petition schedule lane, i.e. Sy.No.174-2 measuring to an extent of Ac.1-96 cts as the above schedule lands are zeroithy lands and the office staff has not demarcated the subject lands as W.P.No.23329 of 2022 & O.S.No.06/2025 is pending before the Hon’ble High Court of A.P, Amaravati and Hon’ble Junior Civil Judge, Kothavalasa. The dispute over this land is purely civil in nature and the official respondents participation in the dispossession of the writ petitioner from the writ petition schedule land does not arise at this juncture. Based on the above written instructions, learned Go'/ernment .Pleader for Revenij0 ron writ petition. onnoe+Q/H rl! iss the o mi Of I ii 4. 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 dispossess the petitioner from his land without following due process of law. Learned Assistant Government Pleader for Revenue submits that, the respondents would follow due process of law and requested to pass appropriate orders. 5. 6. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. 4 NV,J W.P.No.11748 of 2025 7. When the petitioner is in settled possession and enjoyment of the property, he 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. 1 ” . Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by following due process of law. 8. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 9. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGJStRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravati Guntur District, State of Andhra Pradesh 2. The District Collector, Visakhapatnam District Visakhapatnam 3. The Revenue Divisional Officer, Vizianagaram 535002 Vizianagaram District Andhra Pradesh '.j 4. The Tahsildar, Visakhapatnam Rural Mandal Visakhapatnam District 5. The Manadal Surveyor, Kothavalasa Mandal, Vizianagaram District. 6. The Village Revenue Officer (VRO), Bhalighattam Village, Kothavalasa Mandal, Vizianagaram District. 7. The Managing Director, M/s Royalmindz Estates Pvt Ltd, Satya Venkata Srinivas Borusu, S/o Nageswara Rao, age. 52 years, R/o Flat no. 303, Ashok Badam Appartment, Road No. 4, Banjara Hills, Hyderabad. 8. One CC to M/s. PILLIX LAW FIRM Advocate [OPUC] 9. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] Three CD Copies 10. t HIGH COURT DATED:05/05/2025 ORDER WP.No.11748 of 2025 / DISPOSING THE WRIT PETITION WITHOUT COSTS