APHC010166722025 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: 8707/2025 Between: M Sankaramma and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8707/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein particularly Respondent No.3 in highhandedly interfering and threatening to dispossess the petitioners from the peaceful possession and enjoyment of the property of an extent of Ac.0.82 cents situated at Plot No.131, Sy.No.362-1 of Avilala Village, Tirupati Rural Mandal, Tirupati District on the ascendancy of the respondent Nos.4 to 6 herein, without issuing any notice or opportunity of personal hearing or following the due process of law is questioned as the same is arbitrary, illegal, contrary to the well-established legal principles apart from being violative of fundamental and constitutional rights guaranteed under articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere in petitioners’ peaceful possession and enjoyment of the subject property of an extent of Ac.0.82 cents situated at Plot No.131, Sy.No.362-1 of Avilala Village, Tirupati Rural Mandal, Tirupati District forthwith and pass such other order.” 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 interfere with the petitioners’ peaceful possession and enjoyment of the subject property without following due process of law. 3 3. Learned Assistant Government Pleader for Revenue furnished the written instructions dated 04.04.2025, wherein it is stated as follows: “The petitioner relying the purported lease patta mentioning Sy.No.362 of Avilala revenue village issued by the Tahsildar, Chandragiri Taluq in the year 1980; which is not genuine one. The said document does not exist in revenue records. On revenue enquiry, it is submitted that the subject land is vacant on ground and covered with bushes and tiny trees. The petitioners are not under possession and enjoyment. The subject lands are purely Government lands and vest with Government only.” 4. Further the learned Assistant Government Pleader for the respondents submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioners are in settled possession and enjoyment of the subject property, they 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 1 2004 (1) SCC 769 4 respondents are directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by due process of law. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 0044..0044..22002255 TTPPSS 5 198 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8707 of 2025 04.04.2025 TTPPSS