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IN THE HIGH COURT OF ANDHRA PRADESH :: 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: 11918 OF 2025 Between: Kanugula Satyam, S/o. Appadu Late, H.NO 1-62, Middle Street, Kanugulavanipeta, Ippili, Srikakulam -532401. (Aadhaar No 2147 5795 1143) ...PETITIONEI^ 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 22^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 particularly one in the nature of Writ of Mandamus declaring the action of respondents 1 to
V herein in trying to occupy and destroying, without giving any notice any authority, the Cashew nut plantations existing in the dry land admeasuring Ac. 5.00 Cents in KASULAVADA Village, Bheemuni Patnam Mandal, Bheemuni Patnam Revenue belonging to the Petitioner, obtained by way of D Patta DR. No. 2470/1371 same as or Division, Visakhapatnam district dt 24-06-1962 , the 300A of the Constitution of India illegal, arbitrary, violation of Article 14 and consequentially stay of all further proceedings.. lA NO: 1 OF 2n9fi Petition under Section CPC praying that in the circumstances stated in the affidavit filed i pleased to stay of all further destroying, without giving any notice in support of the petition, the High Court may be proceedings pertaining to occupying and any authority, the Cashew nut plantations existing in the dry land admeasuring Ac. 5.00 cents in Sy. No. 37/ in KUSULAVADA Village Patnam Revenue Division Visakhapatnam or Bheemuni Patnam Mandal, Bheemuni district belongs to the 2470/1371 dt; 24-06- respondents, obtained by way of D Patta vide No. 1962 , pending disposal of the above writ petition. Counsel for the Petitioner: SRI.
NALLURI RAMESH Counsel for the Respondents No.1 2,3 & 5: GP FOR REVENUE Counsel for the Respondent No.4: SRI SOMISETY GANESH VUDA AND MUDA BABU BABU FOR/ The Court made the following Order:
APHC010224072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B [3329] [: B^'i TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO; 11918/2025 Between: Kanugula Satyam, ...PETITIONER AND The State Of Andhra Pradesh and Others PPQDOMnCMT/CV . . I X k_ W I 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 WRIT PETITION NO: 11918/?n?f; NIMMAGADDA
ORDER:
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 in the nature of Writ of Mandamus declaring the respondents 1 to 5 herein trying to occupy and destroying, giving any notice or any authority, the Cashew nut plantations existing in the dry land admeasuring KASULAVADA village, Bheemuni Patnam one action of without Ac. 5.00 cents In Mandal, Bheemuni Patnam Revenue Division, Visakhapatnam district belonging to the petitioner, obtained by way of D Patta DR.No.2470/1371 24.06.1962, the same dated as illegal, arbitrary, violation of Article 14 consequentially stay of all or orders....” and 300A of the Constitution of India 'X further proceedings and to pass such other order
2. Heard learned counsel for the Pleader for Revenue for the respondents petitioner and learned Government
3. During hearing, learned counsel for the merits of the case, requested this Court to not to interfere with the peaceful petitioner, without touching the issue a direction to the respondents possession and enjoyment of the subject property of the petitioner without following due process of law.
4. Learned Government Pleader for Revenue submits IS in possession of the subject property, the respondents process of law and requested to pass appropriate orders. that, if the petitioner would follow due
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.RsC”. Therefore, if the petitioner is in possession of the subject prcjperty, 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.
6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. Mo costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ' 2004 (1) see 769 Sd/- r.T RAMESH BABU DEPUTY REGISTRAR //true: copy// SECTION OFFICER To,
1. The 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,^
6. One CC to Sri. Nalluri Ramesh Babu, Advocate [OPUC]
7. Two CCs to GP for Revenue .High Court Of Andhra Pradesh. [OUT]
8. One CC to Sri Somisetty Ganesh Babu, Standing Counsel for VUDA and MU DA. [OPUC]
9. Three CD Copies vna
high court DATED;06/05/2025
ORDER WP-N0.119J8 nf 2025 SfaSKmrZrcSrr"™