APHC010166362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8578/2025 Between: Chitra Jagannadha Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. AJAY KUMAR KANAPARTHI 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: 8578/2025 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 aggrieved by the action of the respondents more particularly the respondent Nos.3 to 5 in seeking to dispossess the petitioners herein from lands admeasuring an extent of Ac.1.13 cents in Sy.No.253-1, Ac.0.43 cents in Sy.No.253-2, Ac.0.65 cents in Ac.253-3, Ac.0.25 cents in Sy.No.254-2, Ac.1.09 cents in Sy.No.254-2A, Ac.0.65 cents in Sy.No.254-1 pertaining to the 1st petitioner and land admeasuring Ac.3.19 Cents in Sy.No.266 and Ac.0.36 cents in Sy.No.253-3 pertaining to the 2nd petitioner situated in Lampakalova Village, Prathipadu Mandal, East Godavari District without issuing any notice or following the due process of law as being illegal, arbitrary, contrary to law and violative of the Principles of Natural Justice and Articles 14, 21 and 300-A of the Constitution of India and Consequently direct the respondents to not interfere with the title, possession and enjoyment over land admeasuring an extent of Ac.1.13 cents in Sy.No.253-1, Ac.0.43 cents in Sy.No.253-2, Ac.0.65 cents in Ac.253-3, Ac.0.25 cents in Sy.No.254-2, Ac.1.09 cents in Sy.No.254-2A, Ac.0.65 cents in Sy.No.254-1 pertaining to the 1st petitioner and land admeasuring Ac.3.19 Cents in Sy.No.266 and Ac.0.36 cents in Sy.No.253-3 pertaining to the 2nd petitioner situated in Lampakalova Village, Prathipadu Mandal, East Godavari District 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’ 3 peaceful possession and enjoyment of the subject property without following due process of law. 3. Learned Assistant Government Pleader for Revenue furnished the written instructions, wherein it is stated that the petitioners are in peaceful possession and enjoyment of the subject property. The names of the petitioners were also mutated in the revenue records and issued pattadar pass books in favour of the petitioners. Further it is stated that the respondents are not interfering with the possession and enjoyment of the petitioners. 4. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by 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 respondents are directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by due process of law. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. 1 2004 (1) SCC 769 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 07.04.2025 TTPPSS 5 169 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8578 of 2025 07.04.2025 TTPPSS