(Prayer: 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities, particularly Respondent Nos.3 and 4, in interfering with the peaceful possession and enjoyment of the petitioner over the agricultural land situated in Survey Nos.292-1 and 292-2 admeasuring Ac.2.83 cents in Ingiligam Village, Palasa Mandal, Srikakulam District, at the instigation of the unofficial respondent No.5, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the said land except by following due process of law and to 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 to direct the Respondent Nos. 3 and 4, and their subordinates, not to interfere with my peaceful possession and enjoyment of the schedule property situated in Survey Nos.292-1 and 292-2 admeasuring Ac.2.83 cents in Ingiligam Village, Palasa Mandal, Srikakulam District, and not to enter upon or developmental activity in the said land, except by following due process of law, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case pending disposal of the above writ petition and pass)

1. The Writ Petition has been filed for the following relief:

                  “…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities, particularly Respondent Nos.3 and 4, in interfering with the peaceful possession and enjoyment of the petitioner over the agricultural land situated in Survey Nos.292-1 and 292-2 admeasuring Ac.2.83 cents in Ingiligam Village, Palasa Mandal, Srikakulam District, at the instigation of the unofficial respondent No.5, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the said land except by following due process of law and to pass……”

2. Heard learned counsel for the Petitioner, learned Assistant Government Pleader for Revenue Department and learned Assistant Government Pleader for Home Department.

3. Sri M.Sapthagiri, learned counsel for the Petitioner, submits that Respondents 3 and 4 have been interfering with the peaceful possession and enjoyment of the Petitioner’s agricultural land situated in Survey Nos.292-1 and 292-2 admeasuring Ac.2.83 cents in Ingiligam Village, Palasa Mandal, Srikakulam District, at the behest of unofficial Respondent No.5 and urge to prays a direction not to interfere with the peaceful possession and enjoyment of the land without following the due process of law. Learned counsel for the petitioner has filed the Pattadar Pass Book and Possession Certificate to show that the petitioner has been in possession and enjoyment of the above mentioned land.

4. Learned Assistant Government Pleader for Revenue Department, on written instructions, submits that Respondent No.3 never granted any pattas and the pattas, on which the petitioner is relying, are not genuine and are forged.

5. Learned Assistant Government Pleader for Home Department, on written instructions, submits that Respondent No.5 presented a report against the petitioner at Kasibugga Police Station; however, the contents of the report are purely civil in nature and that the respondent police never interfered with the civil matters.

6. Be that as it may, the Petitioner has been in possession and enjoyment of the subject land since 2006. Without following the due process of law, the Respondent Nos.3 and 4 cannot interfere with the Petitioner’s possession, simply on the ground that the Possession Certificate or the Pattadar Pass Book are not genuine, as they were not reflected in the revenue records or registers. It would be open to Respondent No.3 to conduct an enquiry about the genuineness or otherwise of the revenue documents or the Certificates relied on by the petitioner and pass appropriate orders. Without undertaking such an exercise, simply stating that the Pattadar Pass Book and Possession Certificate are not genuine, Respondent Nos.3 and 4 cannot go and try to dispossess the petitioner from the disputed land.

7. Having regard to the entire facts and circumstances of the case, the Writ Petition is disposed of directing the Respondent Nos.3 and 4 not to interfere with the peaceful possession and enjoyment of the Petitioner’s agricultural land situated in Survey Nos.292-1 and 292-2 admeasuring Ac.2.83 cents in Ingiligam Village, Palasa Mandal, Srikakulam District, without following the due process of law.

8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.