1 APHC010657822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34131/2025 Between: 1. RUTTALA CHITTAMMALU, W/O YERRAPATRUDU, AGED ABOUT 55 YEARS YEARS, OCC AGRICULTURE, RESIDENT OF RACHAPALLI VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLE DISTRICT. 2. RUTTALA SRIDEVI, W/O VENKATARAMANA MURTHY, AGED ABOUT 51 YEARS, OCC- AGRICULTURE, RESIDENT OF RACHAPALLI VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLE DISTRICT 3. BOLEM RAJYA LAKSHMI MANASA, W/O VENKATA SATYA SRIRAMACHANDRA GANESH KISHORE AGED ABOUT 37 YEARS, OCC AGRICULTURE, RESIDENT OF RACHAPALLI VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLE DISTRICT. 4. CHINTALA SURYA KUMARI, W/O VASUDEVA MURTHY, AGED ABOUT 60 YEARS, OCC- AGRICULTURE, RESIDENT OF RACHAPALLI VILLAGE, MAKAVARAPALEM MANDAL ANAKAPALLE DISTRICT. 5. RUTTALA JAGADA, W/O VARAHALU, AGED ABOUT 55 YEARS, OCC- AGRICULTURE, RESIDENT OF RACHAPALLI VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLE DISTRICT, AT ANAKAPALLE. 3. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM DIVISION, 2 ANAKAPALLE DISTRICT. 4. THE TAHASILDAR, MAKAVARAPALEM MANDAL, ANAKAPALLE DISTRICT. ...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 a writ order or direction more particularly one in the nature of Mandamus declaring the action of the 4th respondent in high handedly removing the cashew saplings planted in petitioners lands i.e., in 1st petitioners land in extent of Ac 1.92 cents in Sy No. 61-3D, 2nd petitioner in an extent of Ac 1.93 cents in Sy No. 61-3C, 3rd petitioner in an extent of Ac 2.40 cents in Sy No. 61-3G, the 4th petitioner in an extent of Ac 2.11 cents in Sy No. 61-3F and the 5th petitioner in an extent of Ac 1.96 cents in Sy No. 61-3E of Tamaram Village, Makavarapalem Mandal, Anakapalle District without issuing notice and without following due process of law and pending the petitioners representation dt 23.04.2023 for grant of pattas as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and be pleased 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 grant interim orders to the respondents 2 to 4 not to interfere with petitioners possession and enjoyment of lands i.e., 1st petitioners land in extent of Ac 1.92 cents in Sy No. 61-3D,, 2nd petitioner in an extent of Ac 1.93 cents in Sy No. 61-3C, 3rd petitioner in an extent of Ac 2.40 cents in Sy No. 61-3G, the 4th petitioner in an extent of Ac 2.11 cents in Sy No. 61- 3F and the 5th petitioner in an extent of Ac 1.96 cents in Sy No. 61- 3E of Tamaram Village, Makavarapalem Mandal, Anakapalle District pending the above writ petition and pass Counsel for the Petitioner(S): 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 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 Mandamus declaring the action of the 4th respondent in high handedly removing the cashew saplings planted in petitioners lands i.e., in 1st petitioner’s land in extent of Ac 1.92 cents in Sy No. 61-3D, 2nd petitioner in an extent of Ac 1.93 cents in Sy No. 61-3C, 3rd petitioner in an extent of Ac 2.40 cents in Sy No.61-3G, the 4th petitioner in an extent of Ac 2.11 cents in Sy No.61-3F and the 5th petitioner in an extent of Ac 1.96 cents in Sy No.61-3E of Tamaram Village, Makavarapalem Mandal, Anakapalle District without issuing notice and without following due process of law and pending the petitioners representation dt 23.04.2023 for grant of pattas as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and be pleased to pass….” 2. Heard learned counsel for the petitioners and the learned Government Pleader for revenue appearing for the respondents. 3. Learned counsel for the petitioners submits that the respondents are trying to dispossess the petitioners from the subject land without following the due process of law. 4. On instructions, learned Government Pleader for revenue, has submitted that a part of the subject land is classified as Kunta Poramboke and the petitioners have encroached certain portion of the land. 5. Considering the said submission, and as the respondents have identified the alleged encroachment, the respondents are directed not to dispossess the petitioners from the subject land without following the due 4 process of law and without initiating action under the provisions of the Act 3 of 1905. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 29.12.2025 Vns