APHC010147582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7906/2025 Between: Dara Nehemaiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7906/2025 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 respondent No.4 herein in insisting the petitioners to vacate from their agricultural landed properties admeasuring to an extent of Ac.3.20 cents compromising Ac.2.04 cents and Ac.1.16 cents respectively covered by Sy.No’s.248-A1 and 248-A2 of Peddakandukuru Revenue Village, Ardhaveedu Mandal, Prakasam District, without following due process of law as illegal and arbitrary; consequently, direct the respondents not to interfere with the peaceful possession of the petitioners subject property. 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. 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 interfere with the peaceful possession and enjoyment of the property of the petitioners without following due process of law. 4. 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. 5. 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 “RameGowda(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 interfere with the peaceful possession and enjoyment of the subject property of the petitioners, except by due process of law. without interfering with the property of the petitioners. 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:28.03.2025 BSP 12004 (1) SCC 769 221 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7906/2025 Date:28.03.2025 BSP