IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5882 OF 2025 Between: 1. M Bhanu Priya, W/o. Late Mohan Naidu, D/o. Late N. Amaravati, Aged about 37 years, Occ: Cultivation, R/at 6-33, K.C.Palli Village, Uppilipalle Post Penumur Mandal, Chittoor District- 517126 (AP 2. C.Pushpa, W/o. Giridhar, D/o. Late N. Amaravati, Aged about 44 years, residing at No. 16, Haralur Main Road Papanna Agrahara, Vinayaka Layout Bangalore South, Electronics City Karnataka -560100 3. N.Reddemma, D/o N.Damodar Naidu Aged about 37 years, Occ: Cultivation, R/at D.No. 6-33, K.C.Palle, UppiliPalle Penumuru, Chittoor- 517 126 (AP) 4. N.Chinna Reddemma, D/o. N.Damodar Naidu Aged about 34 years, Occ; Cultivation R/at D.No. 6-33, K.C.Palle Village Uppilipalle post, Penumuru Mandal, Chittoor District- 517 126 (AP) ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Assignment), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, O/o. The Collectorate, B Block, Reddigunta, Chittoor District, Chittoor - 517002. 3. The Joint Collector, O/o. The Collectorate, B Block, Reddigunta, Chittoor District, Chittoor- 517002. 4. The Revenue Divisional officer, Chittoor Revenue Division, Kondamitta, Chittoor Town and District-517001. 5. The Tahsildar, Penumuru Mandal, Penumuru, Chittoor District-517126. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or orders and direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents, more particularly the 5th respondent, in trying to interfere and dispossess the petitioners from the subject property i.e. an extent of Ac.1.31 cents in Sy.No.1011/2, Ac.1.21 cents in Sy.No.1011/3 and Ac.0.52 cents in Sy.No.1011/4 in total an extent of Ac.3.04 cents of Kama Chinnayyapalli Village Accounts, Penumuru Mandal as illegal, arbitrary and unconstitutional and against the principles of natural justice besides violative of Articles 14, 19 and 300-A of the Constitution of India and consequently direct the respondents not to interfere and dispossess the petitioners from the subject property i.e. an extent of Ac.1.31 cents in Sy.No.1011/2, Ac.1.21 cents in Sy.No.1011/3 and Ac.0.52 cents ih Sy.No.1011/4 in total an extent of Ac.3.04 cents of Kama Chinnayyapalli Village Accounts, Penumuru Mandal, Chittoor District, without following due process of law. more lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 evict the petitioners from the subject property i.e. an extent of Ac.1.31 cents in Sy.No.1011/2, Ac.1.21 cents in Sy.No.1011/3 and Ac.0.52 cents in Sy.No.1011/4 in total an extent of Ac.3.04 cents of Kama Chinnayyapalli Village Accounts, Penumuru Mandal, Chittoor District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI S VARADARAJULU CHETTY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010110722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5882/2025 Between: M Bhanu Priya and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petltioner(S): 1.S VARADARAJULU CHETTY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 % THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5882/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the respondent in trying to interfere and dispossess the petitioners from the subject property i.e., an extent of Ac.1.31 cents in Sy.No.1011/2, Ac.1.21 cents in Sy.No.1011/3 and Ac.0.52 cents in Sy.No.1011/4 in total an extent of Ac.3.04 cents of Kama Chinnayyapalli Village Accounts, Penumuru Mandal as illegal, arbitrary and unconstitutional and against the principles of natural justice besides violative of Articles 14, 19 and 300-A of the Constitution of India and consequently direct the respondents not to Interfere and dispossess the petitioners from the subject property i.e., an extent of Ac.1.31 cents in Sy.No.1011/2, Ac.1.21 cents in Sy.No.1011/3 and Ac.0.52 cents in Sy.No.1011/4 in total an extent of Ac. 3.04 cents of Kama Chinnayyapalli Village Accounts, Penumuru Mandal, Chittoor District, without following due process of law and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners’ mother acquired the land admeasuring to an extent of Ac.1.31 cents in Sy.No.1011/2, Ac.1.21 cents in Sy.No.1011/3 in total Ac.2.52 cents of land in Kama Chinnayyapalli Village Accounts, Penumuru Mandal, through a DKT patta dated 30.08.1998. Since then, the petitioners’ mother has been in possession and enjoyment 3 of the said land by raising crops. Taking into consideration of the possession and enjoyment of the said land, the then Mandal Revenue Officer, Penumuru Mandal, granted DKT Patta dated 30.06.2002 in favour of the petitioners’ mother with respect to the land admeasuring to an extent of Ac.0.52 cents in Sy.No.1011/4. Later, pattadar passbook and title deed were also issued in favor of the petitioners’ mother. 4. Learned counsel for the petitioners further submits that the petitioners’ mother died on 06.12.2009. During the life time of the petitioners’ mother, she executed a Will in favour of the petitioners. After the death of the petitioners’ mother, the petitioners made request to the respondents to transfer the patta in their names. While things stood thus, the 5‘^ respondent along with his staff entered into the subject property and informed that they are going to initiate the resumption proceedings against the subject property and directed the petitioners to vacate the subject property immediately. Hence, the present Writ Petition. 5. Learned Government Pleader for the respondents furnished the written instructions dated 03.03.2025 issued by the 5"" respondent, wherein it is stated as follows: “It is submitted that one Sri G.Venu Naidu, S/o.Lingam Naidu has filed PGRS vide grievance CTR202412234734 dated 23.12.2024 stating that the said DKT pattas were assigned "Not in accordance with in 4 law”, as the assignee ivas working as a teacher at the time. In view of the above grievance, the field M/as inspected by the field staff and reported that the part of the said land is under the enjoyment of the petitioners and the remaining part of it is lying vacant. It is submitted that part from the above, neither this respondent nor the staff has tried to evict the petitioner from their hands. However, the said grievance is currently under enquiry, for which notices must be issued to the petitioners, and the enquiry is to be conducted in accordance with rules. ” 6. Learned Government Pleader for the respondents further submits that if the respondents intent to dispossess the petitioners from the subject property, they will follow the due process of law. 7. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion the present Writ Petition can be disposed of directing the respondents not to interfere or dispossess the petitioners from the subject property without follow due process of law. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel miscellaneous application also stand closed. pending, if any, shall Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// 0S^"6f^ER SE To, Revenue Department (Assignment) Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, O/o. The Collectorate Chittoor District, Chittoor - 517002. 3. The Joint Collector, O/o. The Collectorate Chittoor District, Chittoor- 517002. 4. The Revenue Divisional officer, Chittoor Revenue Division Chittoor Town and District-517001. 5. The Tahsildar, Penumuru Mandal, Penumuru, Chittoor District-517126. 6. One CC to Sri S Varadarajulu Chetty Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh 8. Three CD Copies B Block, Reddigunta, B Block, Reddigunta , Kondamitta, ■ [OUT] TF 9i HIGH COURT DATED:11/03/2025 ORDER jfe 0 3 APR ?0?'> Sj WP.No.5882 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS