t- [3329 ] IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11910 OF 2025 -• ; -I'M .'■iS#--, 0|s C-. ¥ J- Between: Govind Rapeti, Block B-3, Flat No 1018, Vysakhi sky line Apartments, GITAM Medical College Road, Yendada, Visakhapatnam 530045. (Aadhaar No: 6367 4416 3057) ...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. ...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, 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 adnneasuring Ac. 5.00 Cents in Tarluvada Village, Anandapuram Mandal Bheemuni Patnam Revenue Division, Visakhapatnam district belonging to the Petitioner, obtained by way of D Patta Vide. No. 1584/1371 dt: 23-06-1962 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. 5.00 cents in Sy. No. 1/P in Tarluda Village, Anandapauram Mandal, Bheemuni Patnam Revenue Division, Visakhapatnam district belongs to the respondents, obtained by way of D Patta vide No. 1584/1371 dt: 23-06-1962; Counsel for the PetitionenSRI. NALLURI RAMESH BABU Counsel for the Respondents: GP FOR REVENUE : SRI SOMISETTY GANESH BABU, STANDING COUNSEL The Court made the following: » 1 NV,J W.P.No.11910 of 2025 APHC010224082025 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: 11910/2025 Between: Govind Rapeti, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.NALLURI RAMESH BABU Counsel for the Respondent(S): 1.GP FOR REVENUE 2.SOMISETTY GANESH BABU SC ForVUDA and MUDA The Court made the following: i « 2 NV,J W.P.No.11910 of 2025 The Court made the following: This writ petition is filed under Article 226 of the Constitution of India 1. claiming the 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 Cents in Tarluvada Village, Revenue Division, dry land adnneasuring Ac. 5.00 Anandapuram Mandal Bheemuni Patnam Visakhapatnam district belonging to the Petitioner, obtained by way of D Patta Vide. No. 1584/1371 dt 23-06-1962 same as illegal, arbitrary, violation of Article 14 and 300A of the Constitution of India, consequentially stay of all further proceedings” 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 2. law. f \ Learned Assistant Government Pleader for Revenue submits that, the respondents would follow due process of law and requested to pass appropriate 3. orders. i 3 NV,J W.P.No.11910 of 2025 When the petitioner is in settled possession and enjoyment of the property, 4. 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. With the above direction, the writ petition is disposed of at the stage of 5. admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand 6. closed. Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary (Revenue Department), State of Andhra Pradesh, Secretariat Buildings at Velagapudi,Guntur District Pradesh. 2. The Revenue Divisional Officer, Bheemunipatnam, Visakhapatnam District, Andhra Pradesh. 3. The Tahsildar, Anandapuram Mandal, Visakhapatnam District Pradesh. Andhra Andhra 4. Chairman, Visakhapatnam Urban Development Authority, VUDA Complex, Siripuram, Visakhapatnam. 5. The District Collector, Visakhapatnam District, Andhra Pradesh. (Addressee Nos.2 to 5 BY RPAD) 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 [OPUC] 9. Three CD Copies HIGH COURT DATED:05/05/2025 ORDER WP.No.11910 of 2025 ^ 2 2 SEP 2025 K to jgontSgctioQx^'y 4eaisa^^ DISPO^SSING THE WRIT PETITIION WITHOUT