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2025 DAILYLAW 12986 (AP)

K PARVATHI v. THE STATE OF ANDHRA PRADESH

WP/7926/2025 · 2025-03-26

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010155102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7926/2025 Between: K Parvathi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7926/2025 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.3 and his staff trying to dispossess the petitioner from the agricultural land admeasuring to an extent of Ac.0.80 cents in Sy.No.1069-2A situated at Thenabanda Village, Chittoor Rural Mandal, Chittoor Sai District, without following due process of law as illegal and arbitrary. 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 interfere with the peaceful possession and enjoyment of the property of the petitioner without following due process of law. 3. Learned Government Pleader for the respondents submits that in the event of dispossession of the petitioner from the subject property, the respondents will follow due process of law. 4. It is settled proposition of law that, 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. 3 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. 5. 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:26.03.2025 LSP 1 2004 (1) SCC 769 4 416 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7926/2025 Date:26.03.2025 LSP