APHC010558142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29251/2025 Between: 1. MEKA SURAJ RAYADU, S/O MEKA SRINIVASU, AGE 22 YEARS, OCC:STUDENT, D.NO.9-98, COLLEGE ROAD, COLLEGE ROAD, BESIDE SYNDICATE BANK, ACHANTA MANDAL WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, AT ANAKAPALLI. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI REVENUE DIVISION, ANAKAPALLI DISTRICT AT ANAKAPALLI. 4. THE TAHSILDAR, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT. 5. THE VISHAKAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY, REP BY ITS COMMISSIONER, VISHAKAPATANAM. ...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 Writ, order or direction more particularly one in the nature of Writ of Mandamus aggrieved with the illegal interference of Respondents 4th and 5th and his threats to dispossess me from our land in extent of 1100 Sq.Yards covered by Sy.No.77/1, 77/3, 78/1 in Arukanayudupalem Revenue Village, Sabbavaram Mandal, Anakapalli District, without issuing any notice and not following due process of Law, thus the present writ petition is filed to redress our grievance, by declaring the threats to dispossess me from our land is ultra-vires, illegal, absurd and to direct the respondents not 2 to interfere with our peaceful possession and enjoyment our land in extent of 1100 Sq.Yards covered by Sy.No.77/1, 77/3, 78/1 in Arukanayudupallem Revenue Village, Sabbavaram Mandal, Anakapalli District 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 not to interfere with our peaceful possession and enjoyment our land in extent of 1100 Sq.Yards covered by Sy.No.77/1, 77/3, 78/1 in Arukanayudupallem Revenue Village, Sabbavaram Mandal, Anakapalli District, till the disposal of main writ petition and to pass Counsel for the Petitioner: 1. R SUDHA RANI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 29251 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus aggrieved with the illegal interference of Respondents 4th and 5th and his threats to dispossess the petitioner from his land in extent of 1100 Sq.Yards covered by Sy.No.77/1, 77/3, 78/1 in Arukanayudupallem Revenue Village, Sabbavaram Mandal, Anakapalli District, without issuing any notice and not following due process of Law, thus the present writ petition is filed to redress his grievance, by declaring the threats to dispossess him from his land is ultra-vires, illegal, absurd and to direct the respondents not to interfere with his peaceful possession and enjoyment of his land in extent of 1100 Sq.Yards covered by Sy.No.77/1, 77/3, 78/1 in Arukanayudupallem Revenue Village, Sabbavaram Mandal, Anakapalli District and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case”. 2. It is the case of the petitioner that he is the absolute owner and possessor of the land in an extent of 1100 square yards covered by Sy.No.77/1,77/3,78/1 in Yerukunayudupalem Revenue Village, Sabbavaram Mandal, Anakapalli District, and he got the said property through a testamentary succession vide registered gift settlement deed, dated 30.08.2025 executed by his mother Nekkanti Lakshmi Surya Kumari, who purchased the same from her vendor 4 Smt.Y.Padma Priya vide registered sale deed, dated 02.08.2010 and the subject land is private property of the petitioner. It is the grievance of the petitioner that without following the due process of law, the respondent authorities are trying to interfere with the possession of the petitioner over the subject land and threatening to dispossess him from the subject land. 3. The learned Assistant Government Pleader has placed the written instructions dated 24.10.2025 addressed by the 4th respondent/Tahsildar, Sabbavaram and the relevant portion is extracted hereunder: “As per verification of the revenue records and webland records of Yerukunaidupalem Village, the land in Sy.No.77-1 total extent of Ac.6.30 cents and 77-3 Ac.1.44 cents and 78-1A, IB-1, B2, B- 3A, 3B, 4A, 4B and B5 total extent of land Ac.0.90 cents which are classified as Zeroithi Dry Lands. It is submitted that since the subject lands are classified as Zeroithi lands the 4th respondent i.e., Tahsildar, Sabbavaram has never interfered with the peaceful possession of the petitioner’s subject lands. However, there exists VMRDA layout nearby the subject lands. If the petitioners found to be encroachers of the VMRDA layout nearby the subject lands, due process will be followed as per law for evicting the petitioners.” 4. In view of the assertions made in the written instructions dated 24.10.2025 that if the petitioner found to be encroacher, the petitioner will be evicted under due procedure of law. Hence, this Court is inclined to dispose of the writ petition directing the respondents if the 5 petitioner encroached the VMRDA lands, they are at liberty to follow the due process of law before evicting the petitioner. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.10.2025 SPP 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 29251 OF 2025 Date: 24.10.2025 SPP