APHC010656852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 34014/2025 Between: 1. MODIAM MUTTAMMA, W/O SIRAMAYYA, AGED ABOUT 60 YEARS RIO D.NO. 4-63, MAIN ROAD, GANGANNAGUDEM, MULAGAMPALLY, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT - 522 503. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT, ANDHRA PRADESH. 3. THE SPECIAL DEPUTY COLLECTOR, TRIBAL WELFARE, KOTARAMACHANDRAPURAM ELURU DISTRICT, ANDHRA PRADESH. 4. THE REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT ANDHRA PRADESH. 5. THE TAHSILDAR, JEELUGUMILLI MANDAL ELURU DISTRICT, ANDHRA PRADESH. 6. THE SPECIAL DEPUTY TAHSILDAR TRIBAL WELFARE, JEELUGUMILLI MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 7. THE ITDA PROJECT OFFICER, KOTARAMACHANDRAPURAM, ELURU DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): SRK, J W.P.No.34014 of 2025 2 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 order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents more particularly Respondents No.5 and 6 and their staff in trying to interfere the peaceful possession and enjoyment of the petitioners land of an extent of Ac. 3.81 cents in Survey No. 56-1H situated at Madakamvarigudem Village, Jeelugumilli Mandal, Eluru District without following due process of law as arbitrary, illegal, violation of under Articles 14, 21 and 300-A of Constitution of India and against to the well settled principles of natural justice and to pass IA 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 No.5 and 6 and their staff not to interfere with the Petitioners peaceful possession and enjoyment of the land of an extent of Ac. 3.81 cents in Survey No. 56-1H situated at Madakamvarigud em Village, Jeelugumilli Mandal, Eluru District, during the pendency of the Writ Petition before this Honble Court and to pass Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE SRK, J W.P.No.34014 of 2025 3 The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.5 and 6 and their staff in trying to interfere the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac.3.81 cents in Sy.No.56-1H situated at Madakamvarigudem village, Jeelugumilli Mandal, Eluru District without following due process of law as illegal and arbitrary” 2. Heard learned counsel for petitioner and learned Assistant Government Pleader for Revenue. 3. Case of petitioner is that she is absolute owner and possessor of land to an extent of Ac.3.81 cents in Sy.No.56-1H situated at Madakamvarigudem village, Jeelugumilli Mandal, Eluru District. She derived the said land through her ancestors. The name of her father Bellam Gangulu, son of Ramudu also reflected in the Revenue Settlement Register (RSR). She has been in continuous possession and peaceful enjoyment of the said land for more than 50 years and cultivating the said land along with her family members. Revenue authorities themselves recognized her long standing possession over the said land and SRK, J W.P.No.34014 of 2025 4 issued Adangal/pahani, 1B extract and other revenue records in her name. Those documents clearly show that petitioner is the lawful possessor and cultivator of the land for decades. While things stood thus, on 26.11.2025, respondent Nos.5 and 6 along with their staff came to the subject land and attempted to demolish the boundaries and remove the crop without issuing any notice or without following due process of law, stating that the land allegedly belongs to government. 4. Considering the facts and circumstances of the case since the petitioner claims that she is in possession of the subject land and apprehends that the respondents 5 and 6 are trying to evict her high handedly without following due process of law, this Court directs the respondent authorities to follow the due process of law in evicting the petitioner from the aforesaid land. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 6. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date: 09.12.2025 sj SRK, J W.P.No.34014 of 2025 5 SRK, J W.P.No.34014 of 2025 6 173 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.34014 of 2025 Date:09.12.2025 sj