IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) o ri II 7'\ WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE o \ o PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3156 OF 2025 Between; Madiga Tirupal, S/o Rangappa, aged about 69 years, Occu. Cultivation, R/o Muthukuru village, Aspri Mandal, Kurnool, District. ...PETITIONER AND 1. The State of AP, rep by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi Amaravati Gunturu District. 2. The District Collector, Kurnool District. 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Tahsildar, Aspari Mandal, Kurnool District. 5. Haarijan Anjinaiah, S/o Periappa, R/o Muthukuru village, Aspari Mandal, Kurnool Distict. 6. Harijana Maddileti, S/o Ranganna, R/o Muthukuru village, Aspari Mandal, Kurnool Distict ...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 or order more particularly one in the nature of Writ Mandamus declaring the action of the respondents in illegally interfering with the petitioner peaceful possession and enjoyment of the lands in Sy.No.275 an extent of 366.6 squire yards situated at Muthukuru village of Aspari Mandal, Kurnool District, as illegal, arbitrary, unjust without following due process of law, violation of principles of natural justice and violation of Articles 300-A, 14 and 21 of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioner land in Sy.No.275 an extent of 366.6 Squire yards situated at Muthukuru village of Aspari Mandal, Kurnool 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 disposes the petitioner from peaceful possession and enjoyment of the land in Sy.N0.275 an extent of 366.6 squire yards situated at Muthukuru village of Aspari Mandal, Kurnool istrict, pending disposal of the main W.P. Counselfor the Petitioner:SRI B S VENKATARAMESH Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondents No.5 and 6: — The Court made the following: Order APHC010060882025 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: 3156/2025 Between: ...PETITIONER Madiga Tirupal AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.BS VENKATA RAMESH Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: ORDER: 1. 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 his land without following due process of law. Learned counsel appearing for the respondents, admitted that the 2. petitioner is continuing in possession of his land and the respondents authorities would follow due process of law. 3. When the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with their possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s violating constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed. without following due process of law. 2004(1) see 769 i 4. With the above direction, the m\{ petition is disposed of, with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand 5. closed. SD/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SEC To 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, A.P. Secretariat, Velagapudi Amaravati Gunturu District. 2. The District Collector, Kurnool District. 3. The Revenue Divivsional Officer, Kurnool, Kurnool Distict. 4. The Tahsildar, Aspari Mandal, Kurnool Distict. 5. One CC to SRI B S VENKATA RAMESH Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies V HIGH COURT DATED:05/02/2025 ORDER WP.No.3156 Of 2025 I* 1 4 FEB 2025 S ^ Current a»ecuon ■ x- Co, 'V- DISPOSING OF THE W.P., WITHOUT COSTS