APHC010158072025 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: 8138/2025 Between: S Govindamma and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. A.GOURA SANKARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8138/2025 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 respondents, more particularly, 4th respondent in resorting to dispossess the petitioners from the house sties allotted to petitioners i.e., Plot No.1 to 61 and 63 to 67 admeasuring to an extent of Ac.0.03 cents each in Sy.No.263 of C.Mallavaram Village, Tirupathi Rural Mandal, Tirupathi District without following due process of law as illegal and arbitrary; consequently, direct the respondents not to dispossess the petitioners from their respective house plots. 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. 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 dispossess the petitioners from their respective property without following due process of law. 4. On the other hand, learned Government Pleader for Revenue submitted the written instructions issued by Respondent No.2 / the Tahsildar, Tirupati Rural Mandal, dated 31.03.2025, wherein it is stated that the land in Sy.No.263 admeasuring an extent of Ac.6.18 cents is classified as Government Poramboke and earmarked as Vaagu (Water Course Poramboke) in the Web land Adangal and nobody is having right to grant ryotwari pattas/ House site pattas in respect of the subject land. It is further stated that either the petitioners or any others are never been in possession of the subject lands since they are purely Government lands. He further submits that if any encroachment found over the subject property, the Respondent Authorities will initiate action against the petitioners by following due process of law. 5. It is settled proposition of law that, when the petitioners are in settled possession and enjoyment of their respective property, the petitioners 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 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. 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 05 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8138/2025 Date:01.04.2025 BSP