::1:: APHC010135142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7109/2025 Between: Mahamad Basha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR REVENUE 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 Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of the 4th respondent in trying to dispossess the petitioner from the land to an extent of Ac.0.75 cents in Sy.No.124/4 of Sonnegownipalle Village, Santhipuram Mandal, Ghittoor district at the behest of respondents No.5 to 10, as illegal arbitrary and violation of Articles 14 21 and 300A of the Gonstitution of India and consequently direct the respondents No 4 not to interfere and dispossess the petitioner from the land to an extent of Ac 0 75 Gents in Sy No 124/4 of Sonnegownipalle Village Santhipuram Mandal Chittoor district and pass...” 2 2. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of agricultural land admeasuring to an extent of Ac.0.75 cents in Sy.No.124/4 of Sonnagownipalle Village, Santhipuram Mandal, Chittoor District. The said property was acquired by the petitioner through a gift deed. Since 1999, the petitioner has been in peaceful possession and enjoyment of the said agricultural land. The petitioner's name is also reflected in the revenue records, and pattadar passbooks and Adangal have been issued in the petitioner's name. However, the 4th respondent, i.e., the Tahsildar, without issuing any notice to the petitioner, is trying to dispossess the petitioner from the subject property at the behest of respondents Nos. 5 to 10, who are the legal heirs of the late Bade Saheb (the petitioner's grandfather), which is contrary to the due process of law. Hence, the present writ petition filed. 3. Heard the learned counsel for the counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 4. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a 3 direction to the respondents not to dispossess the petitioner from the subject land, without following due process of law. 5. Learned Assistant Government Pleader for Respondents, admitted that the petitioner is continuing the possession of subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 6. 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 petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner’s 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.1, when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process 1 2004 (1) SCC 769 4 of law. Therefore, the respondents are directed not to dispossess the petitioner from his property, except by due process of law. 7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 21.03.2025 klk 5 110 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.7109 of 2025 21.03.2025 klk