THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.9146 OF 2020 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, declaring the action of the respondent Nos.3 to 7 in taking steps to form the road in land belonging to the petitioner in Sy.No.144/1, 143, 142/A1A of Kandulapuram Village, Cumbum Mandal, Prakasam District, as illegal, arbitrary. 2. The petitioner claims to be the owner of property admeasuring an extent of Ac.8-10 cents in various survey numbers of Kandulapuram Village, Cumbum Mandal, Prakasam District. The petitioner is in peaceful possession and enjoyment of the subject land without any interruption whatsoever. The petitioner submit that, the respondents are trying to interfere into the peaceful possession and enjoyment of the petitioner’s subject land. Questioning the action of the respondents, the present writ petition is filed. 3. 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. NV,J W.P.No.9146 of 2020 2 4. Learned Government Pleader for Panchayat Raj submits that, in the event the respondents propose to evict the petitioner, the respondents would follow due process of law and requested to pass appropriate orders. 5. Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and perused the material available on record. 6. When the petitioner is in settled possession and enjoyment of the property, he 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. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by due process of law. 7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 8. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:11.09.2025 SP 1 2004 (1) SCC 769 NV,J W.P.No.9146 of 2020 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.9146 OF 2020 Date:11.09.2025 W SP