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 NIMMAGADD^L^i^ WRIT PETITION NO: 11fi74 OF 2025 AMARAVATI PJ/ f/ m Between: Ran^anayya, Aged 61 years, Occ Housewife R/o. Edarapalli village, Mittathmakur post, Gudur district. 2. Inkruthi Venkayya, S/o Ramanayya, Aged - business R/o. Edarapalli village, Mittathmakur Tirupathi district mandal, Tirupathi 40 years. Occupation post, Gudur mandal. ...Petitioners AND 1. The State of Andhra Pradesh, rep by its Principal Secretary cCnfurS^t Buildings, Velagapudi Amaravati 2. The District Collector, Tirupati, Tirupati District, Andhra Pra^desh^^^^ Divisional Officer, Gudur, Tirupati District 4. The Tahsildhar, Gudur, Tirupati District, Andhra Pradesh. ^adesh.®Gud~p°a«“^' tahsildhar DistriC, Andhra ^irupartTrupaSicf ■ R/°- Gudur ...Respondents of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of mandamus declaring the action of Respondents 4 and 5 in making attempts to interfere in Private Common pathway existing in between the houses of petitioners in survey no 576-A and 576-C bearing Dno 46/A in ward number-3 to have ingress and egress to sanath Pradesh Andhra Petition under Article 226 of the Constitution nagar road including the culvert existing on the suize without issuing any ’^^l^tnotice or following the due process of law as illegal, arbitrary and un constitutional and consequently direct respondents 4 and 5 not to interfere or block the common private passage in between the plots of the petitioner and sanath nagar road including , already existing culvert on the suize in in survey no 576-A and 576-C bearing Dno 46/A in ward number-3. 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 respondents not to block petitioners ingress and egress from their private property in survey no: 576-A and 576-C bearing Dno: 46/A in ward number-3 to sanath nagar road pending disposal of the above writ petition. Counsel for the Petitioner; SRI N RAVI PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 NV,J W.P.No.11874 of 2025 APHC010237972025 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: 11874/2025 Between: Inkruthi Ramanama, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. N RAVI PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE ...RESPONDENT{S) The Court made the following: A NV,J W.P.No.11874 of 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India issue Writ of Mandamus, claiming the following direction: to “To issue writ of mandamus declaring the action of Respondents 4 and 5 in making attempts to interfere in Private Common pathway existing in between the houses of petitioners in survey no 576-A and 576-C bearing Dno 46/A in ward number-3 to have ingress and egress to sanath nagar road including the culvert existing on the suize without issuing any notice or following the due process of law as illegal, arbitrary and un constitutional and consequently direct respondents 4 and 5 not to interfere or block the common private passage in between the plots of the petitioner and sanath nagar road including , already existing culvert on the suize in in survey no 576-A and 576-C bearing Dno 46/A in ward number-3” 2. The case of the petitioners is that, petitioners purchased an extent of 145 ankanams each in Sy.No.576-A and 576-C bearing D.No.46/A in Ward No.3, Guduru and they are 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 respondents, the present writ petition is filed. 3 NV,J W.P.No.11874 of 2025 3. Learned Government Pleader instructions furnished by the Tahsildar, dated 04.05.2025, wherein it is submitted as follows: “2. This respondent has for Revenue placed on record written Guduru Mandal vide Rc.B. 138/2025 not interfere into the private property lands are classified as and Sy.No.576-B which is highly objectionable are encroaching the land in Sy.No.576- the sewage water. of the petitioner in Sy.No.576-A and 576-C which Patta lands per the RSR of East Gudur village as Canal Poamboke, poramboke. The petitioners as classified B (culvert on the land) and obstructing 3. Previously, this made in Sy.Nos.576-B classified respondent has interrupted the and 575 alleging that which lands/property and hence a writ petition before the Hon’ble in W.P.No.9800 of 2025 constructions are strictly as Government petitioner herein has filed Court of Andhra Pradesh i before the Court. In this Pradesh was pleased ot issue an order of status The petitioner in W.P.No.9801/2025, W.P.No.9800/2025 present petitioners partners and having land in Sy.No.575, approximately the lands worth i nd the 2 High and is pending connection, Hon’ble High Court of Andhra quo for 4 weeks. and the are of from same family and are business an intention to grab the subjected Government 576-B which is abutting to road side and IS upto 2 crores. 4 NV,J W.P.No.11874 of 2025 4. Meanwhile, this respondent or his men has not interfered into the property of the petitioners and not even contacted them about the issue. More so, it is to submit that the property is vested with the Municipality and R & B Departments, the concerned authorities may take any action against the encroachments as per the Act. 5. This respondent has not interfering into the matter; the petitioners without knowing the facts have intentionally approached the Hon’ble High Court and filed this writ petition only with an intention to grab the valuable land by misleading the Hon’ble High Court.” Based on the above written instructions, learned Government Pleader for Revenue requested to dismiss the writ petition. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their land without following due process of law. 4. 5. i 6. Learned Assistant Government Pleader for Revenue submits that, the respondents would follow due process of law and requested to pass appropriate orders. 5 NV,J W.P.No.11874 of 2025 7. Heard learned counsel for the petitioners, learned Government Pleader for Revenue and perused the material available on record. 8. When the petitioners are in settled possession and enjoyment of the property, they 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 petitioners is in possession of the subject property, the respondents are directed not to dispossess the petitioners from the subject property, except by following due process of law. 9. With the above direction, the writ petition is disposed of at the stage of admission with the consent,of both the counsel. No costs. 10. Consequently, miscellaneous petitions pending, if any, shall also stand closed. SD/-K SRINIVASA RAJU ASSISTANT I^GISTRAR ^ 2004 (1)SCC 769 //TRUE COPY// SECTION OFFICER To Principal Secretary, Department of Revenue, State ^ Secretariat Buildings, Velagapudi, Amaravati, Guntur Distric . 1. The Pradesh 2. The District Collector 3. The Revenue Pradesh Tirupati, Tirupati District, Andhra Pradesh Divisional Officer, Gudur, Tirupati District, Andhra Tahsildhar, Gudur, Tirupati District, Andhra Pradesh. Officer, Office of Tahsildhar District, Andhra 4. The 5 The Village Revenue Pradesh. Gudur, Tirupati 6. One CC to Sri N Ravi Prasad, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] high court <a DATED;05/05/2025 ORDER WP.No.11874 O c» or 2 I MAY 2025 . Current becuon of 2025 CO. disposing of wIthout^osts ^°'^'SSfON, THE WP / . "T* • P\ r\ i o