APHC010135652025 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: 6882/2025 Between: B.doraswamy Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6882 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 4 in interfering into peaceful possession and enjoyment of the Petitioners agriculture land in Sy.No.794/1A to an extent of Ac.1.35 cents situated at Jakkadona Village,Vedurukuppam Mandal,Chittoor District and threat of dispossession of the petitioner from his agriculture land, without issuing any notice to the petitioner and without following the due process of law violation of Provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and violation of Principles of Natural Justice and also in violation of Articles 14 and 300A of the Constitution of India and consequently to direct the respondent Nos.2 to 4 not to enter into peaceful possession and enjoyment of the Petitioner’s agriculture land in Sy.No.794/1A to an extent of Ac.1.35 cents situated at Jakkadona Village Vedurukuppam Mandal Chittoor District following the orders of the Honble apex court in RameGowda (dead) L.Rs. Vs.Mavadappa Naidu and Honble Andhra Pradesh High Court Orders in W.P.No.42199 of 2015 and not to dispossess the petitioner from his agriculture land to issue notice to the petitioner and to follow the due process of law to follow the Provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and to pass such other order or orders...” 2. The case of the petitioner herein is that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.35 cents in Sy.No.794/1A situated at Jakkadonavillage ,Vedurukuppam Mandal, Chittoor District and has been eking out his livelihood by performing agricultural operations. Thereafter, the petitioner’s name was mutated in the revenue records and pattadar pass book and title deed were also issued in his favour. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property without there being any interference or hindrance from any quarter. While so, respondent authorities without issuing any notice and without following due procedure as contemplated under the law are trying to lay road in the petitioner’s land. Aggrieved by the action of the respondents in interfering with the peaceful position and enjoyment of the subject land of the petitioner’s, the petitioner filed the present writ petition. 3. Heard learned counsel for the petitioner and learned Government Pleader for revenue for the respondents. 4. 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 subject property of the petitioner, without following due process of law. 5. On the other hand, the learned Government Pleader appearing for the respondents furnished on record the written instructions dated 17.03.2025 issued by the respondent No.4 , wherein it is stated that the respondents are not interfering with the peaceful possession and enjoyment of the land in Survey No 794/1A. He further submits that if the respondents intend to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, the respondents would follow due process of law. 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government pleader for the respondents, 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 violating 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 “RameGowda (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 of law. Therefore, 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. 7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 18.03.2025 BSP 12004 (1) SCC 769 165 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6882 of 2025 18.03.2025 BSP