IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11905 OF 2025 Between: Moyya Jaggammanayaralu, W/o.Rampandu, Pedda Veedhi, Adavaram, Srikakulam District, Andhra Pradesh, Pin-532440. (Aadhaar No 5144 5961 9230) ...PETITIONER AND 1. The State of AP, 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 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 particularlyone 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 admeasuring 5^ Ac. 5.00 Cents in Bheemuni Patnam, Mandal Bheemuni Patnarn, Visakhapatnam district belonging to the respondents, obtained by way of D Patta Vide. No. 1585/1371 dtd 23-06-1962. the violation of Article 14 and 300A of the Constitution of India same as illegal, arbitrary, consequentially stay of all further proceedings. lA NO: 1 OF 2Q2fi 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 destroying, without giving any notice to occupying and or any authority, the Cashew nut plantations existing in the dry land admeasuring Ac.5.00 190/P, 191/P in Tarluda Village, Anadapuram Mandal cents in Sy. No. Bheemuni Patnam Revenue Division, Visakhapatnam District belongs to the respondents, obtained by way of D Patta vide 1585/1371 dtd. 23-06-1962, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI NALLURI RAMESH BABU Counsel for the Respondent Nos. 1 to 3 & 5: GP FOR REVENUE Counsel for the Respondent No.4: SRI SANISETTY GANESH (SC FOR VUDA) BABU The Court made the following: ORDER APHC010197072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^:5 [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11905/2025 Between: Moyya Jaggammanayaralu ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: 1.NALLURI RAMESH BABU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ...RESPONDENT(S) 1./ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11905/2025 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 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 admeasuring Ac. 5.00 cents in Sy.No.190/P, 191/P in Tarluda village, Anandapuram Mandal, Bheemuni Patnam Revenue Division, VIsakhapatnam district belonging to the petitioner, obtained by way of D Patta vide DR.No.1585/1371 dated 23.06.1962, the same as illegal, arbitrary, violation of Article 14 and 300A of the Constitution of India consequentially stay of all further proceedings and to pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. Learned Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 3. 4. 5. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due 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. process 1 ” . Therefore, if the petitioner is in possession of the subject property, the respondents directed not to interfere with the peaceful possession and enjoyment of the are 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. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. 2004 (1) see 769 Sd/- KJ.RAJA BABU assistant REGISTRAR //TRUE COPYIf se6tion offiger To, 1. The Princi^pal Secretary Revenue Department Vqlagapudi,Guntur District, Andhra Pradesh. 2. The Revenue Divisional Officer District, Andhra Pradesh. ^ Pradesh Mandal, Secretariat Buildings at Bheemunipatnam, Visakhapatnam Visakhapatnam District Andhra 4. The Chairman, Visakhapatnam Urban Complex, Siripuram, Visakhapatnam Development Authority, VUDA 5. The District Collector, Visakhapatnam District 6. One CC to Sri Nalluri Ramesh Babu Advocate [OPUC] 7. Two CCs to GP for Andhra Pradesh. revenue. High Court of Andhra Pradesh. [OUT] 8. One CC to Sri Sanisetty Ganesh Babu, SC for VUDA, Advocate [OPUCJ ' 9. Three CD Copies TF ' # HIGH COURT DATED;06/05/2025 ORDER WP.No.11905 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS