APHC010134172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7729/2026 Between: 1. PALAPARTHI MARIAMMA, W/O CHINNA YALAMANDA, AGED ABOUT 45 YEARS, OCCUPATION COOLI, RESIDENT OF NENNIRUPADU VILLAGE, KONDEPI MANDAL, PRAKASAM DISTRIC ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE REVENUE DIVISIONAL OFFICER, ONGOLE DIVISION, PRAKASAM DISTRICT. 3. 3. THE TAHSILDAR, KONDEPI MANDAL, PRAKASAM DISTRICT. 4. THE STATION HOUSE OFFICER, KONDEPI POLICE STATION, PRAKASAM DISTRICT. ...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 a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of Respondents No.2 to 4 in attempting to dispossess me from the site admeasuring an extent of Ac.0.04 cents, located in Nennirupadu Village, Kondepi Mandal, Prakasam District, Andhra Pradesh without any manner of right and without following the due process of law is illegal, arbitrary, and violative of the principles of natural 2 BKM,J W.P.No.7729 of 2026 justice, and infringes upon the fundamental rights guaranteed under Articles 14 and 21 and 300A of the Constitution of India besides violates the judgment of the Hon'ble Supreme Court in Rame Gowda v. M. Varadappa Naidu (2004) 1 SCC 769 and consequently direct the Respondents 2 to 4 not to interfere with my peaceful possession of the subject property, admeasuring an extent of Ac.0.04 cents, located in Nennirupadu Village, Kondepi Mandal, Prakasam District, Andhra Pradesh, except due process of law 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 respondents 2 to 4 not to interfere with my peaceful possession of the site admeasuring an extent of Ac.0.04 cents, located Nennirupadu Village, Kondepi Mandal, Prakasam District, Andhra Pradesh as evident from the possession cetificate dt. 16.02.2015 issued by the 3 respondent except due process of law and pass Counsel for the Petitioner: 1. VARUPULA SESHA KUMARI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.7729 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 3. 2. This writ petition is filed questioning the action of the respondent Nos.2 to 4 in attempting to dispossess the petitioner from the site admeasuring an extent of Ac.0.04 cents located in Nennurupadu Village, Kondepi Mandal, Prakasam District, Andhra Pradesh without any manner of right and without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3rd respondent dated 12.03.2026 submits that basing upon the report of the Village Revenue Officer, Nennurupadu and Mandal Revenue Inspector, Kondapi, on verification of the records it is clearly evident that the Possession Certificate submitted by the petitioner is not having any file number and also not entered in the Tahsildar office records. No notices were issued to the petitioner till now for vacating the said land from the office of the 3rd respondent. The petitioner is not in possession and enjoyment over the scheduled property. 4. In view of the above said facts and circumstances, recording the said instructions of the 3rd respondent dated 12.03.2026, the respondent Nos.2 and 3 are directed to deal with the subject land, strictly in accordance with law, if so warranted for any public purpose and if the petitioner is otherwise found to 4 BKM,J W.P.No.7729 of 2026 be in possession of the same, she shall be dealt with strictly in accordance with law by hearing all the parties concerned, including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession from the subject land shall not be made except by following the due process of law. The written instructions of the 3rd respondent dated 12.03.2026 shall be made as part of the Court record. 5. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 23.03.2026 PGT