IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7382 OF 2025 Between: Yellapu Annapurna, W /o. Sreenivas, Aged about 46 years, Occ: House Wife H.No.30-43-5, Lakshmipuram Colony, Near 3 Vepachetlu Vadlamudi RHC Visakhapatnam Rural, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department A.P Secretariat, Velagapudi, Amaravathi Guntur District. 2. The District Collector, Anakapalli Anakapalli Visakhapatnam District. 3. The Revenue Divisional Officer, Anakaplli Anakapalli Visakhapatnam District. 4. The Tahsildar, Munagapaka Mandal AnakapalliA/isakhapatnam District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or orders or Direction particularly one in the nature of WRIT OF MANDAMUS to declare action of the respondents No. 4 in trying to dispossessing the petitioner from her house sites (Gramakantam lands) for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters, for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters and for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters in Sy. No. 19/1 situated in Thimmarajupet Village, Munagapaka Mandal, Anakapalli/Visakhapatnam District, as highly illegal, arbitrary. more voilative of the Articles 14, 21, & 300 (A) of the Constitution of India and ^ consequently direct the respondents No. 4 not to dispossess the petitioner from the subject house sites Without following the due process of law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No. 4 not to dispossess the petitioner from the house sites (gramakantam lands) for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters, 388-888 Sq. Yards or 325.149 Sq. Meters and 388-888 Sq. Yards or 325.149 Sq. Meters in Sy. No. 19/1 situated in Thimmarajupet Village, Munagapaka Mandal, Anakapalli/ Visakhapatnam District. Counsel for the Petitioner: SRI GADA VENKATESWARLU Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010144172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7382/2025 Between: Yellapu Annapurna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKATESWARLU GADA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7382 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue an appropriate Writ, Order or orders or Direction more particularly one in the nature of Writ of Mandamus to declare action of the respondents No. 4 in trying to dispossessing the petitioner from her house sites (Gramakantam lands) for an admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters for an admeasunng of 388-888 Sq. Yards or 325.149 Sq. Meters and for admeasuring of 388-888 Sq. Yards or 325.149 Sq. Meters in Sy. No. 19/1 situated in Munagapaka Mandat Anakapalli/ Visakhapatnam District as highly illegal, arbitrary,voilative of the Art 14, 21, 300-A of the Constitution of India and consequently direct the respondents No 4. not to dispossess the petitioner from the subject house sites Without following the due process of law and to pass such other order or orders...” an Thimmarajupet Village, 2. The grievance of the petitioner in short is that the respondents, more particularly, respondent No.4 is trying to dispossess the petitioner from her house sites (Gramakantam lands) i.e., from the land admeasuring to an extent of 388-888 Sq.Yards or 325.149 Sq.Meters situated in Sy.No. 19/1 situated in Thimmarajupet Village, Munagapaka Mandal Anakapalli/ Visakhapatnam District, without issuing any notice without following due procedure as contemplated under law. Hence, the writ petition. or 3. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 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 dispossess the petitioner from her land, without 4. following due process of law. Learned Government Pleader for Respondents submits that if the respondents are in possession of the subject property and if the respondents intend to dispossess the petitioner from the subject property, they would follow due process of law. 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 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 LRs. v. M.Varadappa Naidu (Dead) 5. 6. by L.Rs.\ 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 dispossess the petitioner from his property, except by due process of law. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 7. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. 2004(1) see 769 Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPYII SEGTION OFFieER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi Guntur District. 2. The District Collector, Anakapalli, Anakapalli Visakhapatnam District. 3. The Revenue Divisional Officer, Anakaplli Anakapalli Visakhapatnam District. 4. The Tahsildar, Munagapaka Mandal AnakapalliA/isakhapatnam District. 5. One CC to Sri Gada Venkateswarlu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. gi HIGH COURT DATED:20/03/2025 ORDER WP.No.7382 of 2025 S’" 2 6MWMK I ^ Current Sncttoo DISPOSING OF THE WRIT PETITION WITHOUT COSTS