i ■-M-h IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2856 OF 2025 Between: Amasa Munemma, Aged about 64 years, R/o Venugopalapuram, Reddipalem Bit-1, Nidigurthi Post, Nellore District, Andhra Pradesh-524 403. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh. 2. The District Collector, Tirupati District, Andhra Pradesh. 3. The Village Revenue Officer, Reddipalem Village, Venugopalapuram, Tirupati District. 4. The Tahsildar, Vakadu Mandal, Tirupati District 5. The Revenue Inspector, Vakadu Mandal, Tirupati 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 may be pleased to issue a Writ of Mandamus or any other appropriate Writ, direction, order or orders declaring the action of the Respondents in trying to dispossess the Petitioner from the land situated in Sy. No. 1676 and 1676-A admeasuring to an extent of Ac. 1.40 cents and 2.00 cents respectively situated in Venugopalapuram, Reddipalem Revenue Village, Vakadu Mandal without following due process of law as being illegal, arbitrary, sans jurisdiction, contrary to the provisions under Andhra Pradesh Land 4 f'- Encroachment Act 1905, violative to the cardinal principles of natural justice and Article 19, 21 and 300-A of the Indian Constitution and consequently, direct the Respondents not to interfere with the Petitioners possession and enjoyment of the land situated in Sy. No. 1676 and 1676-A admeasuring to an extent of Ac. 1.40 cents and 2.00 cents respectively situated in Venugopalapuram, Reddipalem Revenue Village, Vakadu Mandal, Tirupati District. 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 interfere with the Petitioner’s possession and enjoyment of the land situated in Sy. No. 1676 and 1676-A admeasuring to an extent of Ac. 1.40 cents and 2.00 cents respectively situated in Venugopalapuram, Reddipalem Revenue Village, Vakadu Mandal, Tirupati District. Counsel for the Petitioner: SRI SINGAMSETTY V.M. SANKAR Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following: ORDER APHC010054412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2856/2025 Between: Amasa Munemma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: w *1 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2856 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a Writ of Mandamus or any other appropriate Writ, direction, order or orders declaring the action of the Respondents in trying to dispossess the Petitioner from the land situated in Sy.Nos.1676 and 1676-A admeasuring to an extent of Ac.1.40 cents and 2.00 cents respectively situated in Venugopalapuram, Reddipalem Revenue Village, Vakadu Mandal without following due process of law as being illegal, arbitrary sans jurisdiction contrary to the provisions under Andhra Pradesh Land Encroachment Act, 1905 violative to the cardinal principles of natural justice and Article 19, 21 and 300A of the Indian Constitution and consequently direct the Respondents not to interfere with the Petitioner’s possession and enjoyment of the land situated in Sy.No.1676 and 1676-A admeasuring to an extent of Ac. 1.40 cents and 2.00 cents respectively situated In Venugopalapuram, Reddipalem Revenue Village, Vakadu Mandal, Tirupati District and pass such other order or orders...” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein 3. was initially settled near Sullurupeta, Tirupati district. Later in the year 1971 the petitioner and other similarly placed persons were issued notices to vacate the subject lands and settle in the Government chosen re-settlement places. Pursuant to which, the petitioner along with her family members re-settled at Venugopalapuram, Reddipalem Revenue Village, Vakadu Mandal, Tirupati District and are eking out their livelihood by performing agricultural operations. Since from the date of re-settlement, the petitioner has been in possession and enjoyment of the subject land i.e,. lands admeasuring to an extent of Ac. 1.40 cents and 2.00 cents situated in Sy.Nos. 1676 and 1676-A of Venugopalapuram, Reddipalem Revenue Village, Vakadu Mandal, Tirupati District. Later, the petitioner herein has also constructed a house and a cow shed in the said lands. 4. While things stood thus, on 28.01.2025, respondent Nos. 3 and 4 visited the said lands along with some others and threatened the petitioner to vacate \ the subject premises without either issuing any notice or assigning any reasons. For which, the petitioner made a representation dated 28.01.2025 to the 2"*^ respondent. But, the 2"^^ respondent did not choose to consider the representation submitted by the petitioner. Aggrieved by the action of the respondent Nos. 3 and 4 in trying to dispossess the petitioner from the subject lands, the petitioner filed the present writ petition. On the other hand, learned Government Pleader for Revenue 5. appearing for the respondents submits that in the event of dispossession of the petitioner from the subject lands, the respondents will follow due process of law. Having regard to the submissions made by both the learned counsel 6. and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents not to dispossess/ evict the petitioner from the subject lands without following due process of law. Till then, the respondents are directed not to take any coercive steps against the petitioner with regard to the subject property. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh. The District Collector, Tirupati District, Andhra Pradesh. The Village Revenue Officer, Reddipalem Village, Venugopalapuram Tirupati District. The Tahsildar, Vakadu Mandal, Tirupati District The Revenue Inspector, Vakadu Mandal, Tirupati District. One CC to Sri Singamsetty V.M. Sankar, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb HIGH COURT DATED:05/02/2025 ORDER & 19FEB2C:3 I ^ . Current Section WP.No.2856 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS