::1:: APHC010156642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7949/2025 Between: Gonuguntla Naidu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. GP FOR REVENUE ::2:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.7949 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 an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially respondent Nos.3 to 5 in interfering with the petitioners’ peaceful possession and enjoyment of the land admeasuring Ac 1.20 cents in Survey No.99-1 situated at Katiganikalva Revenue Village, Anantapuramu Rural Mandal, Anantapuramu District, without following due procedure established under law and without following procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary and against the principles of natural justice and also violation of Article 300-A of Constitution of India and consequently direct the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the land admeasuring Ac 1.20 cents in Survey No.99-1 situated at Katiganikalva Revenue Village, Anantapuramu Rural Mandal, Anantapuramu District and to pass” 2. 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 land, without following due process of law. ::3:: 3. Learned Assistant Government Pleader for Revenue, admitted that the petitioners are continuing in possession of their land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioners submits that the petitioner Nos.1 to 3 are absolute owners and pattadars of the lands admeasuring Ac.0.40 cents, Ac.0.40 cents and Ac.0.40 cents respectively in Sy.No.99-1 situated at Katiganikalva Revenue Village, Anantapuramu Rural Mandal, Anantapuramu District and revenue authorities issued pattadar passbooks in favour of the petitioners. The petitioners herein since several decades using the said lands for the purpose of to keep the agricultural implements, hay-ricks and manure heaps and as such petitioners obtained 1-B register and adangal. 5. While things stood thus, recently two days back Respondent Nos.3 to 5 visited the lands of the petitioners and tried to lay the road highhandedly without following procedure under land acquisition proceedings. Hence the Writ Petition. 6. When the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and ::4:: enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioners’ 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 petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and 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, 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 petitioners from their 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. The miscellaneous petitions pending, if any, shall also stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 25.03.2025 krk 1 2004 (1) SCC 769 ::5:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 65 W.P.No.5449 of 2025 25.03.2025 krk