APHC010117062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5989/2025 Between: Chandragiri Venkatesh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: O R D E R: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ of mandamus or any other appropriate writ or direction declaring the action of respondents particularly 4t respondent in insisting to deliver land to an extent of Ac.0-20 cents out of petitioners agricultural land admeasuring an extent of Ac.1-46 cents, Ac.0-05 cents, Ac.0-22 cents, Ac.1-06 cents, Ac.1-05 cents, and Ac.0-05 cents respectively covered by S.No.639/4, 640/1, 641/4, 639/6, 640/3 and 642/5 situated at Chiyyavaram Revenue Village of Kodur Mandal, Annamayya District for the purpose of forming 15 feet road to Respondent Nos.5 to 7 lands though they are having alternative way and initiating proceedings to that effect in Reference No.B/99/2025 dated 07.02.2025 issued by 4th respondent as illegal, irregular, irrational without any authority or sanction of law, violative of principles of natural justice and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents, particularly 4th respondent not to form any road through his said lands. During hearing, learned counsel for the petitioner, without touching the 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. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law 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.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:10.03.2025 SP 1 2004 (1) SCC 769 31 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5989/2025 Date:10.03.2025 W SP