APHC010125142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6583/2025 Between: Ghatamaneni Muneiah Naidu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T VENU GOPAL Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6583/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus challenging the action of the respondent Nos.4 to 5 in trying to dispossess the petitioner from his agriculture land consisting with the poultry farm shed and cattle shed situated in Sy.No.27-2 with the extent of Ac.3.00 cents in Kavalakuntla Village within the limits of Buchampalli Revenue Village, Porumamilla Mandal, YSR Kadapa District, for the construction of the burial ground, without conducting any survey, without issuing any notice, without giving any opportunity, as arbitrary, illegal, unjust, violative of principles of natural justice, contrary to law, discriminatory, violative of the Fundamental Rights guaranteed under Articles 14, 19(1)(g) and 21 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the Respondents not to dispossess the petitioner from his agriculture land situated in Sy.No.27-2 with the extent of Ac.3.00 cents in Kavalakuntla Village, Porumamilla Mandal, YSR Kadapa District and pass such other order.” 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 agricultural land without following due process of law. 3. Learned Assistant Government Pleader for Revenue furnished the written instructions, wherein it is stated as follows: 3 “The subject land was assigned in favour of the writ petitioner and the same was made free hold during the year 2023. The respondents are never tired to dispossess the writ petitioner from the subject land for the purpose of burial ground. The same is under possession and enjoyment of the writ petitioner. Hence, Hon’ble High Court may kindly be requested for dispose the writ petition at the admission stage.” 4. 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 following due process of law. 5. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 18.03.2025 TTPPSS 1 2004 (1) SCC 769 4 430 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:6583 of 2025 18.03.2025 TTPPSS