IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATIj (Special Original Jurisdiction) A THURSDAY, THE TWENTY FOURTH DAY OF APRIL ef TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10372 OF 2025 Between: Gudala Kondala Rao, S/o. Gudala Somulu Agriculture Gooli, R/o.H.No.2-78,Sankaram ViHage Anakapalli Mandalam Sankaram, Vishakapatnam District (Anakapalli) aged About 74 years, Occ. sc Colony, Rebak-Post ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principle Secretary, Revenue Department, Secretariat at Veiagapudi, Amaravati. 2. The District Collector, Anakapalli District at Anakapalli Collector, Tribal (Visakhapatnam) Anakapalli District. 4. The Revenue Divisional Officer, Anakapalli Divison, 5. The Tahsildar, Anakapalli Anakapalli Mandal, District. 3. The Special Deputy Welfare, Anakapalli Anakapalli District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents particularly not dispossessing the petitioner Land in Sy.No.24 ad-measuring Ac 0.30 cents situated at Sankaram Village, SC the 4th and 5th respondents Colony, Anakapalli Mandalam, Sankaram, Vishakhapatnam District by the respondents Authority without following due process of law as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from cattle -houses located in the subject land in Sy.No.24 with further direct the-respondents to remove the Erecting Notice boards /Flags situated at Sankaram Village, SC Colony, Anakapalli Mandalam Vishakhapatnam District Sankaram 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 the respondents not to dispossess the petitioner Land in Sy.No.24 ad-measuring Ac.0.30 cents situated at Sankaram Village, SC Colony, Anakapalli Mandalam,-Sankaram. Vishakhapatnam District by Direct the 4th and 5th respondents to remove the Erecting Notice Boards pending disposal of the above writ petition Counsel for the Petitioner: SRI KRISHNA RAO M Counsel for the Respondents: GP FOR REVENUE GP FOR TRIBAL WELFARE The Court made the following: Order APHC010190412025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3329] -■^:n THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10372/2025 Between: Gudala Kondala Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KRISHNA RAO M Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10372/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- ‘‘to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 4^^ and 5'^ respondents not dispossessing the petitioner Land in Sy.No,24 admeasuring Ac.0.30 cents situated at Sankaram Village, SC Colony, Anakapalli Mandalam, Vishakapatnam District by the respondents Authority without following due process of law as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from cattle houses located in the subject land in Sy.No.24 with further direct the respondents to remove the Erecting Notice boards /Flags situated at Sankaram Village, SC Colony, Anakapalli Mandalam, Vishakapatnam District and pass such other order.” i 2. 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 the subject property without following due process of law. 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for 3 the respondents, it is observed that when the petitioner is in settled 1 possession and enjoyment of the subject property, 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.^”. 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. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. T2004(1) see 769 Sd/- K TATA RAO DEPUTY REGISTRAR ^ — / ^EeTION OFFieER / //TRUE COPYII To, The Principle Secretary, State of Andhra Pradesh, Revenue Department, Secretariat at Velagapudi, Amaravati. The District Collector, Anakapalli District at Anakapalli The Special Deputy Collector, Tribal Welfare, Anakapalli (Visakhapatnam) Anakapalli, District. The Revenue Divisional Officer, Anakapalli Divison, Anakapalli District. The Tahsildar, Anakapalli, Anakapalli Mandal (1 to 5 by RPAD) One CC to SRI KRISHNA RAO M Advocate [OPUC] Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] Three CD Copies (gsg) 1. 2. 3. 4. 5. 6. 7. 8. KSR « HIGH COURT DATED:24/04/2025 ORDER WP.No.10372 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS