IN THE HIGH COURT OF ANDHRA PRADESH AMARAVAJ^V^I^^ (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE . oi PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ^ WRIT PETITION NO: 7426 OF 2025 Between: Bojja Talupulamma, W/o.Bojja Suryanarayana, Aged about 44 Years Housewife R/o H.No.2-44, Boduvalasa Village Anakapalle District , Occ Sabbavaram Mandai, ...PETITIONER ^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat building, Velagapudi, Guntur District. 2. The Collector and District Magistrate, Anakapalle District 3. The Revenue Divisional Officer, Anakapalle District 4. The Tahsildar, Sabbavaram Mandai Anakapalle district. 5. The Village Revenue Officer, Boduvalasa Village, Sabbavaram Mandai, Anakapalle District. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Guntur District. The District Panchayat Officer, Chittoor District. The Gram Panchayat, Rep. by Panchayat Secretary, Boduvalasa Village, Sabbavaram Mandai^ Anakapalle District. Nebarthi SrinivasaRao, S/o.Nebarthi AppaRao, Aged about 38 Occ. Sarpanch Boduvalasa Village, Sabbavaram Mandai, Anakapalle District. 6. 7. 8. 9. years. ...RESPONDENTS 4 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court *' I ^ ^ ^ iSSIJ0 an appropriate writ, direction may order, or orders, particularly in the nature of a Writ of Mandamus declaring the action of the Respondents in demolishing the Petitioners Shed and trying to dispos the Petitioner from the land admeasuring Ac.0.02 cents situated Sy.No.47-2 of Boduvalasa Village, Sabbavaram Mandal District as illegal, arbitrary, contrary to principles of natural justice and violative of Article 14, 21 and 300A of the Constitution of India if^ sess at Anakapalle and consequently direct the respondents to not interfere with the petitioners possession over the land ad measuring Ac.0.02 cents situated Sy.No.47-2 of Boduvalasa Village, Sab: bavaram Mandal District. at Anakapalle 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 not to interfere with the peaceful possession of the petitioner’s land admeasuring Ac.0.02 cents situated at Sy.No.47-2 of Boduvalasa Village, Sabbavaram Mandal, Anakapalle District. / Counsel for the Petitioner: SRI KALLA GUNA SEKHAR Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.8: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GAM PANCHAYAT Counsel for the Respondent No.9;™ The Court made the following: ORDER tSiikiL t APHC010145592025 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 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7426/2025 Between: ...PETITIONER Bojja Talupulamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KALLAGUNASEKHAR Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7426 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief;- “may be pleased to issue an appropriate writ, direction order or orders particularly in the nature of a Writ of Mandamus declaring the action of the Respondents in demolishing the Petitioners Shed and trying to dispossess the Petitioner from the land admeasuring Ac.0.02 cents situated at Sy.No.472 of Boduvalasa Village, Sabbavaram Mandal, Anakapalle District as illegal, arbitrary, contrary to principles of natural justice and violative of Article 14, 21 and 300- A of the Constitution of India and consequently direct the respondents to not interfere with the petitioners possession over the land ad measuring Ac.0.02 cents situated at Sy.No.472 of Boduvalasa Village, Sabbavaram Mandal, Anakapalle District and pass such..." The case of the petitioner in brief is that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.02 cents situated at Sy.No.47-2 of Boduvalasa Village, Sabbavaram Mandal, Anakapalle District. The said land was granted by way of patta to his grandfather namely Bojja Taatalu vide proceedings DR.No.615/99 M, dated 26.03.1990. Since then, the petitioner’s family has been in continuous possession and enjoyment of the same. On 01.03.2025, the respondents to the subject land along with men and JCB and proclaimed that they shall demolish the shed and evict the petitioner. Subsequently, the petitioner approached Sabbavaram Police Station and submitted a written complaint to the Station House Officer, Sabbavaram PS, but no FIR has been registered by the police. ^ 2. came 3. While things stood thus, on 19.03.2025, the respondents came to the subject land along with men, JCB and police for demolishing the shed and dispossessing the petitioner. Though the petitioner objected to the said legal action, the respondents have demolished the shed with the aid of police without issuing any notice and are trying to dispossess the petitioner from the subject land. Hence, the writ petition. 4. 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 the subject property without following due process of law. 5. On the other hand, learned Government Pleader for the respondents furnished on record the written instructions, wherein it is stated that the vacant land Ac.0.02 cents was encroached by the petitioner. Hence, the small shed was removed on 19.03.2025 with the help of the police and handed over to panchayat for protection and for the use of the school and village community. He further submits that if the respondents intend to dispossess the petitioner from the subject land, they would follow due process of law. 6. 7. Having regard to the submissions made by the learned counsel for the petitioner and learned Government pleader for the respondents, it is settled propositiorr-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 vietetfng- 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.\ 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 the subject property, except by following due process of law. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ^ 2004 (1) see 769 Sd/- V.SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat building, Velagapudi, Guntur District. 2. The Collector and District Magistrate, Anakapalle District 3. The Revenue Divisional Officer, Anakapalle District 4. The Tahsildar, Sabbavaram Mandal Anakapalle district. 1. The 5. The Village Revenue Officer, Boduvalasa Village, Sabbavaram Mandal, Anakapalle District 6. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 7. The District Panchayat Officer, Chittoor District. 8. The Panchayat Secretary, Boduvalasa Village, Gram Panchayat, Sabbavaram Mandal, Anakapalle District. 9. One CC to Sri Kalla Guna Sekhar, Advocate [OPUC] 10. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 13. Three CD Copies. ssb ■i HIGH COURT ssb NV,J DATED:20/03/2025 ORDER WP.No.7426 of 2025 'S t9 APS 2025 g Current Section . DISPOSING OF THE W.P. WITHOUT COSTS