APHC010117502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5856/2025 Between: Challa Bhaskar Naidu, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VARDHINEEDI SAI KIRAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5856/2025 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the Respondent Nos. 4 and 5 herein in illegally interfering and threatening to dispossess petitioner from the peaceful possession and enjoyment of the property in Sy.Nos.241, 254/1A, 254/1C, 254/2 for an extent of Ac.3.80 Cents situated at Mannila Village, Ananthapuram Mandal, Ananthapuram District without issuing any notice or without following the due process of law and consequently, direct the respondents not to dispossess the petitioner from the subject property. 2. 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 interfere with the peaceful possession and enjoyment of the property of the petitioner without following due process of law. 3. Learned Government Pleader for Revenue furnished written instructions dated 06.03.2025, wherein, the operative portion of the said instructions reads as follows: “It is submitted that, as per verification of the RSR of Mannila Village, the Sy.No.241, 254-1, 2 Ext: 13.24, 9.98, 0.80 acres are classified as “Patta Land”. As verified from the webland adangal Sy.No.241, 254-1A, 1C & 254-2 Ext.5.79, 6046, 0.35 & 0.80 Acres are entered in the name of the petitioner i.e., Challa Bhaskar Naidu S/o Narayana Swamy vide Khata No.307 of Mannila Village, Ananthapuramu Rural Mandal. 4. On perusal of the said instructions, it is evident that the respondents are not interfering with the peaceful possession and enjoyment of the subject property of the petitioner. He further submits that if the respondents intend to interfere with the subject property of the petitioner, they would follow due process of law. 5. It is settled proposition of law that, when the petitioner is in settled possession and enjoyment of the property, the petitioner 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. 6. 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:07.03.2025 SRT 1 2004 (1) SCC 769 260 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:5856/2025 Date:07.03.2025 SRT