1 APHC010148722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7567/2025 Between: Beesham Harinath, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAJENDRA C Counsel for the Respondent(S): 1. GP FOR REVENUE 2 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.7567 of 2025 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly the respondents 3 to 6 in insisting petitioner to vacate from his landed property admeasuring an extent of Ac.1.50 cents out of Ac.10.39 cents in Survey No.2/1 of Putlapalli Revenue Village in Kadapa Mandal of YSR Kadapa District, as illegal, irregular, irrational, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere in any manner with petitioner’s peaceful possession and enjoyment over his said landed property and pass...” 2. 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 his land, without following due process of law. 3. Learned Assistant Government Pleader for Revenue, admitted that the petitioner is continuing the possession of subject land and the respondents 3 authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioner submits that the petitioner is absolute owner and possessor of landed property admeasuring an extent of Ac.1.50 cents out of Ac.10.39 cents in Survey No.2/1 of Putlampalli Revenue Village in Kadapa Mandal of YSR Kadapa District, having succeeded the same from petitioner’s ancestors. While things stood thus, from the last three weeks, the survey staff of respondents has been repeatedly visiting subject property and without giving any notice to the petitioner conducted survey and fixed boundary stones in the subject property and claiming petitioner’s part of land as belonged to third parties and further threatened the petitioner that if the petitioner violate their direction, they come with the police force after a week and see that petitioner would be evicted forcibly. Hence the writ petition. 5. 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 “Rame 4 Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1, 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, if the petitioner is in possession of the subject property, except by due process of law. 6. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 21.03.2025 krk 1 2004 (1) SCC 769 5 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA 109 WRIT PETITION NO.7567 of 2025 21.03.2025 krk