APHC010101652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5711/2026 Between: 1. POLIMERA PENTAYYANAIDU, S/O RAMU NAIDU, AGED 66 YEARS, D.NO. 6-26-35, GAVARAPETA, NEAR PRAGATHI CONVENT. WARD -24, TUNI, EAST GODAVARI, A.P., PIN. 533401. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, AP SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P., PIN. 522238. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA CITY, KRISHNA DISTRICT, A.P., PIN. 521225. 3. THE DISTRICT COLLECTOR, ANAKAPALLE DISTRICT, A.P., PIN. 531001. 4. THE DEPUTY COMMISSIONER, ENDOWMENTS DEPARTMENT. ANAKAPALLE DISTRICT, VISAKHAPATNAM DIVISION, A.P., PIN. 530020 5. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, ANAKAPALLE DISTRICT, A.P., PIN. 531001. 6. THE DISTRICT ENDOWMENTS OFFICER, ENDOWMENTS DEPARTMENT, ANAKAPALLE DISTRICT, A.P., PIN. 531001. 7. THE TAHSILDAR, PAYAKARAOPETA MANDAL, ANAKAPALLI 2 DISTRICT, A.P.,PIN. 531126. 8. SRI PANDURANGA SWAMY TEMPLE, REP. BY ITS., EXECUTIVE OFFICER, PAYAKARAOPETA MANDAL, ANAKAPALLI DISTRICT, A.P.,PIN. 531126. ...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 toPleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring the high handed action of respondent no. 8 in trying to dispossess me from my agriculture land in Sy No. 123-1 an extent of Ac. 0.83 cents situated at Pedaramabadrapuram village, Payakaraopeta mandal, Anakapalli District without issuing any notice and without following due process of law as illegal, arbitrary, unconstitutional and in violation of principles of natural justice Article 14, 21 and 300-A of Constitution of India and consequently direct the respondent no. 8 not to dispossess me from my agricultural land in Sy No. 123-1 an extent of Ac. 0.83 cents situated at Pedaramabadrapuram village, Payakaraopeta mandal, Anakapalli District and pass IA NO: 1 OF 2026 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 pleased to direct the direct the respondent no. 8 not to dispossess the petitioner from the agriculture land in Sy No. 123-1 an extent of Ac. 0.83 cents situated at Pedaramabadrapuram village, Payakaraopeta mandal, Anakapalli District without following the procedure prescribed and without issuing notice to the petitioner, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. SHAIK AFZAL MOHAMMED Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5711/2026 O R D E R: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring the high handed action of respondent No. 8 in trying to dispossess me from my agriculture land in Sy.No. 123-1 an extent of Ac. 0.83 cents situated at Pedaramabadrapuram village, Payakaraopeta Mandal, Anakapalli District without issuing any notice and without following due process of law as illegal, arbitrary, unconstitutional and in violation of principles of natural justice Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondent No. 8 not to dispossess me from my agricultural land in Sy.No. 123-1 an extent of Ac.0.83 cents situated at Pedaramabadrapuram village, Payakaraopeta mandal, Anakapalli District and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondent Nos. 1 to 6 and learned Standing Counsel for the respondent No.8. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.83 cents in Sy.No. 123-1 situated at Pedaramabadrapuram Village, Payakaraopeta Mandal, Anakapalli District. He further submits that the petitioner herein was issued pattadar pass book, 1B Adangal and Phanis confirming the title and possession as pattadar and possessor of the subject property and the petitioner has been in peaceful possession and enjoyment of the subject property without there being any interference or hindrance from 4 any quarter. While things stood thus, the respondent No.8 is trying to interfere with peaceful possession and enjoyment of the subject property of the petitioner without any intimation or without any prior notice. He further submits that once the petitioner was recognized as pattadar and possessor of the subject property by the revenue authorities, the respondents authorities shall follow due process of law either for eviction or for cancellation of any revenue record issued by the respondents in favour of the petitioner. But, without issuing any prior notice and without following due process of law, the respondents are trying to evict/ dispossess the petitioner from the subject property. For which, the petitioner herein submitted a representation dated 03.02.2026 and the same was acknowledged by the respondents. But so far, the respondents neither considered the representation nor issued any proceedings by way of reply to the petitioner. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for the respondent No.8 and learned Government Pleader for the respondent Nos. 1 to 6 submits that, if the petitioner is in possession of subject property and if at all the respondents intend to evict the petitioner from the peaceful possession and enjoyment of subject property, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “RameGowda (dead) 5 by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs. 1 ”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess/ evict the petitioner from the peaceful possession and enjoyment of the subject property, except by due process of law. 6. With the above direction, the Writ Petition is disposed of, with the consent of both the learned counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 27.02.2026 BSP/TPS 12004 (1) SCC 769 6 20 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:5711/2026 27.02.2026 BSP/TPS