Andhra Pradesh High Court · 2025

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 of Mandamus declaring the action of the respondents in threatening to dispossess the petitioner from the lands in Survey No 100-7 ...Respondents f with an extent of Ac 0.41 cents of Nadimpalli Village, Santhipiram Mandal, Madapapalli, Chittoor District, under the guise of laying a road by treating 3s illegal, arbitrary, unconstitutional and violative of 300-A of the Constitution of India and direct the respondents not to fterfere^with the peaceful possession and enjoyment of the petitioner over the abov^ lands except in accordance with law. 4 lA NO: 1 OF 202^ 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 interfere with the peaceful possession and enjoyment of the petitioner over the above lands except in accordance with law, pending disposal of the Writ Petition. ^ Counsel for the Petitioner: SRI C VAMSI KRISHNAv.^ Counsel for the Respondents: GP FOR REVENUE The Court made the following order: .i¥ ' ' 1 APHC010487762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329] (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24836/2025 Between:

1.K. MUNIRATNAM, OCC- YEARS, 60 PANCHAYAT, CHITTOOR DISTRICT S/0 K. MUNIVENKATAPPA, AGED ABOUT NADIMPALLI MADANAPALLI, CULTIVATION, MAN DAL, R/O SANTHIPIRAM ...PETITIONER AND

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY, REVENUE VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. DEPARTMENT,

2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT.

3.THE REVENUE DIVISIONAL OFFICER, MADANAPALLI DIVISION, CHITTOOR DISTRICT.

4.THE TAHSILDAR, SANTHIPIRAM MANDAL, CHITTOOR DISTRICT.

5.THE NADIMPALLI GRAM PANCHAYAT, REP. PANCHAYAT SECRETARY, SANTHIPIRAM ITS BY MANDAL, CHITTOOR DISTRICT. 2 7 J \ " ...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 to Issue a Writ of Mandamus declaring the action of the respondents in threatening to dispossess the petitioner from the lands in Survey No 100-7 with an extent of Ac 0.41 cents of Nadimpalli Village, Santhipiram Mandal, Madanapalli, Chittoor District, under the guise of laying a road by treating them as Government land, as illegal, arbitrary. unconstitutional and violative of Article 300-A of the Constitution of India and direct the respondents not to interfere with the peaceful possession enjoyment of the petitioner over the above lands except in accordance with law and to pass Counsel for the Petitioner:

1.C VAMSI KRISHNA Counsel for the Respondent(S):

1.GP FOR REVENUE f 3 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.24836 of 2025 This Court made the following ORDER;

1. This writ petitio.n is filed under Article 226 of the Constitution of India seeking the following relief: of mandamus declaring the action of the “..to issue a writ respondents in threatening to dispossess the petitoner from the lands in Survey No. 100-7 with an extent of Ac.0.41 cents of Nadimpalli Village, Santhipiram Mandal, Madanapalli, Chittoor District, under the guise of laying a road by treating them as Government land, unconstitutional and violative of Article 300-A of the Constitution of India and direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the above lands except in accordance with law and to pass” as illegal, arbitrary,

2. During-hearing, learned counsel for the petitioner, without touching 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.

3. Learned Assistant Government Pleader for Respondents, admitted that the petitioner is continuing in the possession of subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 4

4. Learned counsel for the Petitioner submits that the subject land were, originally assigned in favour of petitioner’s ancestors about 50 years ago under DKT pattas issued by the competent authority. Since then, the petitioners family has been in continuous, peaceful and uninterrupted possession and enjoyment of the said lands situated at Nadimpalli Village, Santhipiram Mandal, Madanapalli, Chittoor District in Sy. No.100-7 with an extent of Ac.0.41 cents with a katha No.733. The name of the petitioner also mutated in revenue records and pattadar passbooks and title deeds were issued. While so, now the respondents are trying to form a road to an extent of Ac.0.10 cents out of Ac.0.41 cents without any notice and without following due process of law. Hence the writ petition.

5. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s 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 #5 5 opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioner from his property, except by due process of law.

6. Learned Government Pleader is directed to inform the orders of this Court to Respondents.

7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. 1 2004 (1) see 769 To, //TRUE COPYII Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR // %r SECTIONDFFICER

1. The Principal State Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District Secretary, Revenue Department,

2. The District Collector, Chittoor, Chittoor District. ^ 3. The Revenue Divisional Officer, Madanapalli Division, Chittoor District 4. The Tahsildar, Santhipiram Mandal, Chittoor District.^ of Andhra Secretary, Nadimpalli Gr^ Panchayat, Santhipiram Mandal, Chittoor District, ^

6. One CC to Sri C Vamsi Krishna, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh fOUTl 8. Two CD Copies RAM > HIGH COURT DATED; 12/09/2025 ORDER WP NO. 24836 OF 2025 a 17SEP 2025 ’ Oi DISPOSING OF THE WP WITHOUT COSTS