Kommuri Uma Shankar Reddy v. THE STATE OF ANDHRA PRADESH
WP/8320/2025 · 2025-04-01
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12798 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12798 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010152382025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8320/2025 Between: Kommuri Uma Shankar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. BALAJI MEDAMALLI Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8320/2025
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 the action of the 4th respondent in trying to dispossess the petitioner from his land in an extent of Ac.4.90 cents in Sy.No.88-1 situated at situated at Nukanapalli revenue village, Obulavaripalli Mandal, Annamayya District, without following due process of law as illegal and arbitrary; consequently, direct the respondents not to dispossess the petitioners from the subject property without following due process of law.
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.
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/ evict the petitioner from the subject house property without following due process of law.
4. Learned Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders.
5. When the petitioner is in settled possession and enjoyment of the property, the petitioner 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 evict/ dispossess the petitioner from the subject property, except by due process of law.
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:01.04.2025 BSP
1 2004 (1) SCC 769
134
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 8320/2025
Date:01.04.2025 BSP