APHC010217802023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 11909/2023 Between:

1. ABDUL KHADAR BASHA, S/O MD BARI, AGED 52 YRS OCC.

EXSERVICE MEN, D. NO.11-36-19 AZEEMABAD, GAJUWAKA, VISAKHAPATNAM ...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (REVENUE) SECRETARIAT, VELAGAPUDI, AMARAVATHI.

2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI.

3. THE REVENUE DIVISIONAL OFFICER RDO, , ANAKAPALLI.

4. THE MANDAL REVENUE OFFICER M R O, , OFFICE, CHODAVARAM.

5. THE STATION HOUSE OFFICER, CHODAVARAM P.S., CHODAVARAM

6. SMT KOLLMALA NOOKA SRI UMA MAHESWARAI DEVI, W/O LATE KALLI MALLA SRINU, AGED 45 YRS BUCHAYAPETA MANDAL, PEDA MADINA VILLAGE, CHODAVARAM ANAKAPALLI DISTRICT.

7. NAMBANI MALU NAIDU, S/ONAMBANI RAMU NAIDU, AGED .MAJOR VENKANNAPALEM VILLAGE, CHODAVARAM MANDAL ANAKAPALLI 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 to pass an Order to Issue a Writ or Order or Direction more particularly in the Nature of a Writ of Mandamus declaring the action of the Respondents, their officials, their men, agents particularly R-2 to R-4 are trying to Interefere into the Petitioners Possession and Enjoymnet of the Property i.e., Land in an Extent of Ac 3-40 cents in S.No.591/4 of Venkkannapalem village , Chodavaram Mandal Anakapallil District without issuance of any Notice nor following the procedure as requied under the law even though the Respondents 2 to 4 themselves handed over the possession of land to the petitioner in view of D-Form patta , all are Illegal, Unlawful, Violation of Principles of Natural Justice , Violation of Article 14,19,300-A- of the Constitution of India Conssequetntly to direct the respondents 2 to 4 their men and officials not to interefere into the petitioners possession and enjoymnet of the property in S.No.591/4 Ac3-40 cents including by dispossesion in the interest of the justice. and to pass IA NO: 1 OF 2023 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 pass an order , to direct the Respondents Officials 2 to 4 not to interefere into the petitioners possession and enjoyment of the property covered in S.No.591/14 extent Ac5-40 cents by any means or what so ever including dispossession pending disposal of the main writ petition in the inteest of the justice and to pass Counsel for the Petitioner:

1. R SIVA SAI SWARUP Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR REVENUE

3. T V SRI DEVI The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.11909 of 2023 ORDER:-

The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to pass an order to issue a Writ or Order or Direction more particularly in the nature of a Writ of Mandamus declaring the action of the Respondents, their officials, their men, agents particularly R-2 to R-4 are trying to interfere into the Petitioners Possession and Enjoyment of the Property i.e., land in an extent of Ac.3-40 cents in S.No.591/4 of Venkkannapalem Village, Chodavaram Mandal, Anakapallil District, without issuance of any Notice nor following the procedure as required under the law even though the Respondents 2 to 4 themselves handed over the possession of land to the petitioner in view of D-Form patta, all are illegal, unlawful, violation of Principles of Natural Justice, Violation of Article 14,19,300-A of the Constitution of India Consequently to direct the respondents 2 to 4 their men and officials not to interfere into the petitioners possession and enjoyment of the property in S.No.591/4 Ac3-40 of Venkkannapalem