GANDHAMSETTY JAYASUDHA v. THE STATE OF ANDHRA PRADESH
WP/8892/2025 · 2025-04-04
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13406 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13406 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010160672025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8892/2025 Between: Gandhamsetty Jayasudha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. V PREETI REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8892/2025 O R D E R:
1. This writ petition is filed under Article 226 of the Constitution of India to seeking to issue a Writ of Mandamus directing the respondents to issue pattadar and not to dispossess the petitioner from his assigned land admeasuring to an extent of Ac.0.03 cents in Pengaluru Mandal, Singa Reddy Palle Village, 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law.
4. Learned Government Pleader for Revenue for the respondents submits that if the respondents intend to interfere with the subject property of the petitioner, they would follow due process of law.
5. 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. 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, subject to issuance of patta in favour of the petitioner.
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:04.04.2025 BSP
12004 (1) SCC 769
156
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO:8892/2025
Date:04.04.2025 BSP