APHC010125252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6237/2025 Between: Sri Anumuthu Ramasamy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6237/2025 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 respondents, especially respondents 3 to 5, in interfering with the peaceful possession and enjoyment of the petitioners’ land in Survey No.216, situated at Kangudi R.F. Village, Kuppam Mandal, Chittoor District, without following due process of law and consequently, direct the respondents 3 to 5 not to interfere with the peaceful possession and enjoyment of the petitioners’ land in Survey No.216 situated at Kangudi R.F. Village, Kuppam Mandal, Chittoor District. 2. During hearing, learned counsel for the petitioners, 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 petitioners without following due process of law. 3. Learned Government Pleader for Revenue furnished written instructions dated 11.01.2025, wherein, the operative portion of the said instructions reads as follows: “It is further submitted that on verification of FMB Sketch and Village map there is no planned mark path way existing cart track was developed to reach their agricultural fields as well as approaching road to Krishna Puram Village. Moreover, the subject land is used as pathway before issued assignment patta to Writ Petitioner father. As per DKT rules existing structures and pathway should not destroy by the assignee. It is further submitted that the petitioners are destroying the approaching road and created burden to the other farmers and the Villagers are lagged complaint against the present Petitioners through Jananayakudu and meanwhile the Revenue Divisional Officer, Kuppam as well as Tahsildar, Kuppam inspected the subject lands and restored the approaching road with mutual consent of the pattadars over the subject and at present the cart track was cleaned and expanded and all villagers as well as adjacent pattadars are utilizing without any obstacles. It is submitted that there no any violation of fundamental right as well as due of process of law does not arise because the respondents never disturbed the peaceful possession and enjoyment of the petitioners till today and the subject lands are in the peaceful possession and enjoyment of the Pattadars till today.” 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 petitioners. He further submits that if the respondents intend to interfere with the subject property of the petitioners, they would follow due process of law. 5. It is settled proposition of law that, when the petitioners are in settled possession and enjoyment of the property, the petitioners 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 petitioners are 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 petitioners, 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:12.03.2025 SRT 1 2004 (1) SCC 769 182 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:6237/2025 Date:12.03.2025 SRT