APHC010118282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6395 OF 2024 Between: Panditi Ramanaiah, S/o. Peda Masthanaiah Aged about 63 yrs, R/o.Arundhativada, Inamadugu Village, Kovuru Mandal, SPSR Nellore District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary Panchayth Raj Department, Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. 3. The District Collector and District Magistrate, SPSR Nellore District, Andhra Pradesh. 4. The District Panchayat Officer, SPSR Nellore District, Andhra Pradesh. 5. The Tahasildar, Kovuru Mandal, SPSR Nellore District. 6. The Village Sarpanch President, Inamadugu Village, Kovur Mandal, SPSR Nellore District, Andhra Pradesh. 7. The Village Secretary, Inamadugu Village, Kovur Mandal, SPSR Nellore District, Andhra Pradesh. ...Respondents (R7 is impleaded as per the Court order dated.26.04.2024 vide order passed in lA No. 3 of 2024) ...Respondents f 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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in forcibly trying to dispossess the Petitioner from his residential house site bearing H. No. 13-57 Assessment. No. 1530 and interfering with the peace full possession situated in Amdhatiwada, Inamadugu Village, Kovuru Mandal, SPSR Nellore District, Andhra Pradesh and harassing the Petitioner by issuing notices continuously Dt. 28.12.2023, 02.01.2024, 12.01.2024 and 22.01.2024 without following due process of law as highly illegal, improper, unjust, arbitrary, against the principles of natural Justice and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and order the Respondent authorities not to interfere with the peacefull possession of the Petitoner’s house site and to set aside the Notices issued by the Village Secretary and pass. lA NO: 1 OF 2024 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 interim order by directing the Respondent authorities not to interfere with the peaceful possession of the Petitioner’s house site situated at H. No. 13-57 Assessment. No. 1530 Arundhativada, Inamadugu Village, Kovur Mandal, above writ petition. Counsel for the Petitioner: SRI PRASANNALA KANCHARLA Counsel for the Respondents No.1 & 4 : GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.2,3 & 5: GP FOR REVENUE Counsel for the Respondent NO.6: None appeared Counsel for the Respondent No.7: SRI VENKATA REDDY GAJJALA The Court made the following Order: SPSR Nellore District, Andhra Pradesh pending disposal of the ::1:: APHC010118282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0^^ [3329] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6395/2024 Between: 1.PANDITI RAMANAIAH, S/0. PEDA MASTHANAIAH, AGED ABOUT 63 YRS, R/O.ARUNDHATIVADA, INAMADUGU VILLAGE, KOVURU MANDAL, SPSR NELLORE DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRL. SECRETARY PANCHAYTH RAJ DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI. 3.THE DISTRICT COLLECTOR AND MAGISTRATE, SPSR NELLORE DISTRICT PRADESH. 4.THE DISTRICT PANCHAYAT OFFICER, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 5.THE TAHASILDAR, KOVURU MANDAL, SPSR NELLORE DISTRICT. 6.THE VILLAGE SARPANCH PRESIDENT, INAMADUGU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT ANDHRA PRADESH. ...RESPO 7.THE VILLAGE SECRETARY. INAMADUGU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH R7 IS IMPLEADED AS PER THE COURT ORDER DATED.26.04.2024 VIDE ORDER PASSED IN lA NO. 3 OF 2024 DISTRICT ANDHRA ...RESPONDENT(S): f 2 This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in forcibly trying to dispossess the Petitioner from his residential house site bearing H. No. 13-57 Assessment. No. 1530 and interfering with the peace full possession situated in Amdhatiwada, Inamadugu Village, Kovuru Mandal, SPSR Nellore District, Andhra Pradesh and harassing the Petitioner by issuing notices continuously Dt. 28.12.2023, 02.01.2024, 12.01.2024 and 22.01.2024 without following due process of law as highly illegal, improper, unjust, arbitrary, against the principles of natural Justice and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and order the Respondent authorities not to interfere with the peacefull possession of the Petitoners house site and to set aside the Notices issued by the Village Secretary and pass ” 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 dispossess the petitioner from his residential house, without following due process of law. Learned Assistant Government Pleader for Respondents, 3. admitted that the petitioner is in continuous possession of subject land and the respondents’ authorities would follow due process of law and requested to pass appropriate orders in accordance with law. 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 subject land of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner constitutional right guaranteed under Article 300-A of the Constitution of India, d besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner possession is illegal, still, the petitioner is required to be afforded an 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 more particularly the respondent Nos. 5 to 7 not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property. However, if they intend to take any action against 2004 (1) see 769 4 subject property of the petitioner, they shall follow the due procedure as contemplated under the law. 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Secretariat, Panchayth Raj Department, 1. The Prl. Secretary Velagapudi, Amaravathi. 2. The Prl. Secretary, Revenue Department, Secretariat, Velagapudi Amaravathi. 3. The District Collector and District Magistrate, SPSR Nellore District, Andhra Pradesh. 4. The District Panchayat Officer, SPSR Nellore District, Pradesh. 5. The Tahasildar, Kovuru Mandal, SPSR Nellore District. 6. The Village Sarpanch President, Inamadugu Village, Kovur Mandal, SPSR Nellore District, Andhra Pradesh. ...Respo 7. The Village Secretary, Inamadugu Village, Kovur Mandal, SPSR Andhra Nellore District, Andhra Pradesh . Sri Prasannala Kancharla, Advocate [OPUC] GP for REVENUE (AP), High Court of Andhra Pradesh 8. One CC to 9. Two CCs to [OUT] GP for PANCHAYAT RAJ RURAL DEV, High *. Two CCs to Court of Andhra Pradesh [OUT] One CC to Sri Venkata Reddy Gajjal, Advocate.[OPUC] 10. 11. 12. Two CD Copies VNA HIGH COURT DATED:20/08/2025 ORDER 5 17 SEP 2025 Currant Sacnort . £rspATCV\«5^ WP NO. 6395 OF 2024 a ★ DISPOSING OF THE WRIT PETITION WITHOUT COSTS