::1:: APHC010163182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8498/2025 Between: Eragaraju Ravi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE This Court made the following ORDER: 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 respondents in trying to dispossess the petitioners from their agricultural lands to an extent of Ac 0 98 Cents in Sy.No.366 belongs to the 1st petitioner to an extent of Ac.0.80 Cents in Sy.No.452 belongs to the 2nd petitioner to an extent of Ac.0.90 Cents in Sy.No.452 belongs to the 3rd petitioner to an extent of Ac.0.80 Cents in Sy.No.452 belongs to the 4th petitioner to an extent of Ac.0.90 Cents in Sy.No.452 belongs to the 5th petitioner to an extent of Ac 0.80 Cents in Sy.No.452 belongs to the 6th petitioner and to an extent of Ac 1 04 Cents in Sy.No.4741 belongs to the 7th petitioner situated at Chintavaram Village Chillakuru Mandal Tirupati District without considering applications for grant of patta to the 2 petitioners and without following due process of law as illegal irrational against to the principles of natural justice besides violative of articles 14 21 and 300A of Constitution of India and consequently direct the respondents to grant assignment pattas in favor of the petitioners for the above lands and direct the respondents not to dispossess the petitioners from the above lands without following due process of law in the interest of justice...” 1. 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 lands, without following due process of law. 2. Learned Assistant Government Pleader for Respondents, admitted that the petitioners are in continuous possession of subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders in accordance with law. 3. It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioner’s violating constitutional right guaranteed under Article 300-A of the Constitution of India, 3 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 petitioners are in settled possession and enjoyment of the property, they 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 subject to the possession of the subject property. 4. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 02.04.2025 klk 1 2004 (1) SCC 769 4 272 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.8498 of 2025 02.04.2025 klk