APHC010141252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7400/2025 Between: Batta Suvarnamma, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7400/2025 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 respondents in trying to evict the petitioners from the lands admeasuring to an extent of Ac. 0.08 cents in Sy.No.518-1P3, Ac.0.12 cents in Sy.No.519-3P2, Ac.0.5 cents in Sy.No.519/4P2, Ac.0.55 cents in Sy.No.519-5P2, Ac.0.03 cents in Sy.No.519- 7P3, Ac.0.84 cents in Sy.No.519-8P2, Ac.1.13 cents in Sy.No.519-9 and Ac.0.98 cents in Sy.No.519-10P1, totalling to an extent of Ac.4.23 cents at Chaganam Village, Sydapuram Mandal, SPSR Nellore District without issuing and without following due process of law as illegal and arbitrary; consequently direct the respondents not to initiate any action on the land in possession and enjoyment of the petitioners. 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 dispossess/ evict the petitioners from their respective property without following due process of law. 3. Learned Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 4. 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 evict/ dispossess the petitioners from the subject property, except by 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. No costs. 6. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:24.03.2025 BSP 1 2004 (1) SCC 769 64 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7400/2025 Date:24.03.2025 BSP