APHC010098842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5385/2025 Between: V Sudha Rani and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. RAJENDRA C Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.5385 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly, the 4th respondent at the instance of the local political leaders in insisting petitioners to vacate from their house site properties bearing plot Nos.12, 13 & 14 admeasuring Ac.0.02 cents each covered by Sy.Nos.769A & 770P of Thukivakam Revenue Village in Renigunta Mandal of Tirupathi District as illegal, irregular, irrational, without there being any authority or sanction of law and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners possession over the said house site properties and pass such other order or orders...” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of the house site properties bearing Plot Nos. 12, 13 and 14 admeasuring to an extent of Ac.0.02 cents each situated in Sy.Nos.769A and 770P of Thukivakam Revenue Village, Renigunta Mandal, Tirupathi District. The said properties were assigned by the then 1st respondent under the Scheme of assignment of house sites to house less poor persons. Later, in the year 2011, the petitioners herein were issued possession certificates in respect of their respective properties. Subsequently, in the year 2014, the then respondent No.4 issued enjoyment certificate in favour of the petitioners. Since then, the petitioners have been in peaceful possession and enjoyment of the subject house sites without any interference or hinderance from any quarter. While so, on 20.02.2025, the subordinates from the office of respondent Nos.3 and 4 visited the lands of the petitioners and threatened the petitioners to vacate the subject lands without issuing any notice and without assigning any reasons for such eviction/ dispossession on the ground that the subject lands are Government land. The action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of the petitioners without following the due procedure as contemplated under law is highly illegal and contrary to law. Hence, the writ petition. 4. On the other hand, learned Government Pleader for Revenue appearing for the respondents furnished written instructions dated 25.02.2025 issued by respondent No.4, wherein, it is stated that as per ‘A’ register of Thukivakam village, the land admeasuring to an extent of Ac.0.92 cents in Sy.No.769A is classified as Government dry land and the land admeasuring to an extent of Ac.4.58 cents in Sy.No.770 is also classified as Government Poramboke and registered as reserved. It is further stated that it is only an apprehension of the petitioners that the respondents are trying to evict/ dispossess the petitioners from their respective properties and they did not interfere with the peaceful possession and enjoyment of the subject property of the petitioners. He further submits that in the event of dispossession of the petitioners from their respective lands, the respondents will follow due process of law. 5. Having regard to the submissions made by both the learned counsel 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 interfere with the peaceful possession and enjoyment of the subject properties of the petitioners without following due process of law. 6. 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. _________________________________ VENKATESWARLU NIMMAGADDA, J 05.03.2025 BSP 49 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.5385 of 2025 05.03.2025 BSP