APHC010001492023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 129/2023 Between: 1. R VEERAPPA, S/O. R. THIPPA NAIDU, AGED ABOUT 56 YEARS, OM. AGRICULTURE,R/O, SARAMATIPALLI VILLAGE, GANDRAJUPALLI POST, GANGAVARAM MANDAL, CHITTOOR DIST 2. R. YELLAPPA, S/O R. THIPPPA NAIDU, AGED ABOUT 46 YEARS, OCC. AGRICULTURE,R/O, SARAMATIPALLI VILLAGE, GANDRAJUPALLI POST, GANGAVARAM MANDAL, CHITTOOR DIST 3. R. GANGULAPPA, S/O R. THIPPPA NAIDU, AGED ABOUT 41 YEARS, OCC. AGRICULTURE,R/O, SARAMATIPALLI VILLAGE, GANDRAJUPALLI POST, GANGAVARAM MANDAL, CHITTOOR DIST 4. R. REDDAMMA, W/O R. REDDAPPA, AGED ABOUT 51 YEARS, OCC. AGRICULTURE R/O, SARAMATIPALLI VILLAGE, GANDRAJUPALLI POST, GANGAVARAM MANDAL, CHITTOOR DIST ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE ASSISTANT ENGINEER, APSPDCL, PALAMANER, CHITTOOR DISTRICT. 4. THE THAHSILDAR, GANGAVARAM MANDAL, CHITTOOR DISTRICT. 5. THE VILLAGE REVENUE OFFICER, GANDRAJUPALLIREVENUE VILLAGE, GANGAVARAM MANDAL, CHITTOOR DIST. 6. THE MANDAL SURVEYOR, GANGAVARAM MANDAL, CHITTOOR DIST. 7. THE STATION HOUSE OFFICER, GANGAVARAM POLICE STATION, GANGAVARAM M 8. V SUBRAMANYAM, S/O LATE V. GANGAPPA AGED ABOUT 2 40 YEARS, OM. AGRICULTURE, RIO SARAMATLAPALLI VILLAGE, GANDRAJUPALLI POST, GANGAVARAM MANDAL, CHITTOOR DIST. 9. V SREENIVASULU, S/O LATE. V. GANGAPPA, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, RIO SARAMATLAPALLI VILLAGE, GANDRAJUPALLI POST, GANGAVARAM MANDAL, CHITTOOR DIST. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.4 to 7 in interfering with petitioners rights over the land in an extant of Ac.0.38 Cents in Sy.No.369/2 Ac.0.41 Cents in Sy.No.369/2C of Gandrajupalle Village, Gangavaram Mandal,Chittoor District, at that instance of the respondents No.8 and 9 without following due process of law as arbitrary, illegal, colorable exercise of power apart from being voilative of fundamental and Constitutional rights guaranteed to us under Articles 14, 19, 21. and 300-A of the Constitution of Indiaconsequently direct the respondents No. 4 to 7 not to interfere with petitioners rights over the land in an extant of Ac.0.38 Cents in Sy.No.369/2D and Ac.0.41 Cents in Sy,No.369/2C of Gandrajupalle Village, Gangavaram Mandal, Chittoor District, without following due process of law and pass such IA NO: 1 OF 2023 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 may be pleased to direct the respondents No.4 to 7 not to disposes petitioners from the land in an extant of Ac.0.38 Cents in Sy.No.369/2D and Ac.0.41 Cents in Sy.No.369/2C of Gandrajupalle Village, Gangavaram Mandal, Chittoor District, without following due process of law pending disposal of the writ petition and pass suc IA NO: 2 OF 2023 3 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 may be pleased to direct the respondents No.3 to restore the power supply to the land in an extant of Ac.0.38 Cents in Sy.No.369/2D and Ac.0.41 Cents in Sy.No.369/2C of Gandrajupalle Village, Gangavaram Mandal, Chittoor District, pending disposal of above the writ petition and pass such IA NO: 3 OF 2023 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 pleased to vacate the interim order dated 05.01.2023 made in W.P. No 129 of 2023 and to pass Counsel for the Petitioner(S): 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V VINOD K REDDY The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.129 of 2023 ORDER:- Precisely, the present writ petition is filed seeking a direction to the respondents not to interfere with the petitioners’ possession and enjoyment of the land admeasuring Ac.0.38 Cents in Sy.No.369/2D and Ac.0.41 Cents in Sy.No.369/2C of Gandrajupalle Village, Gangavaram Mandal, Chittoor District, except by following due process of law. 2. Heard learned counsel for the petitioners as well as learned counsel for respondents. 3. The learned counsel for the petitioners submits that the respondents are interfering with the petitioners’ possession and enjoyment of the subject property without following the procedure contemplated under law. 4. The learned Assistant Government Pleader has furnished written instructions addressed by the Tahsildar, Gangavaram Mandal, wherein at paragraph No.9, it is stated as follows: “…It is submitted that the land in Survey No.369/2, to an extent of Ac.1.90 cents is classified as Govt Dry (PATTA lands) as per Fair adangal of Gradrajupalli village. As per webland adangal the suit lands are stands as detailed below., Sy.No. Ext Name of the pattadar 1B No 369/2D 0.38 R.Thippa Naidu S/o Redeppa 363 369/2C 0.41 R.Thippa Naidu S/o Redeppa 363 5 It is further submitted that neither this respondent nor any of its staff is not to dispossess the anybody including the writ petitioner from suit land. The writ petitioner has filed this petition out of apprehension. Therefore, the writ petition is liable to be dismissed…” 5. Sri V.Vinod K Reddy, learned counsel for respondent Nos.8 and 9 has filed a counter-affidavit contending that respondent Nos.8 and 9 are not interfering with the petitioners’ property. It is further stated that survey numbers pertaining to respondent Nos.8 and 9 are different from those of the petitioners. 6. Upon perusal of the material available on record, it appears that no interference has been made by the respondents with the petitioners’ possession of the subject property. 7. Therefore, the present Writ Petition is disposed of directing the respondents to follow due process of law, if at all they intend to interfere with the petitioners’ possession and enjoyment over the subject property. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 25.11.2025 KBN 6 41 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.129 of 2023 Date: 25.11.2025 KBN