RAYAPUREDDY HEMA LATHA v. THE STATE OF ANDHRA PRADESH
WP/7259/2025 · 2025-03-19
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12171 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12171 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 NV,J W.P.No.7259 of 2025
APHC010143762025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7259/2025 Between: Rayapureddy Hema Latha and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. G L NAGESWAR RAO Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
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O R D E R:
1. This writ petition is filed under Article 226 of the Constitution of India, issue a writ of mandamus declaring the action of respondents in demolishing the compound wall of property belonging to the petitioners admeasuring an extent of Ac.0-20 cents situated in Sy.No.231-5 of Parawada Village and Mandal, Anakapalli District and trying to dispossess the petitioners from their land without issuing any notice or without following the procedure contemplated under law; consequently direct the respondents not to proceed further in any manner with regard to the property of the petitioner.
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 the petitioners from their land without following due process of law.
3. Learned Assistant 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, they 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.
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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 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:19.03.2025 SP
1 2004 (1) SCC 769
4 NV,J W.P.No.7259 of 2025
89
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 7259/2025
Date:19.03.2025
W
SP