::1:: APHC010167362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8696/2025 Between: Thonda Srinivasu, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR REVENUE ::2:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION No.8696 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in taking steps to dispossess the petitiones from their house sites in R.S.No.8-1 to an extent of Ac.0-2 ½ cents and Ac.0-2 ½ cents situated at Jinnuru Village, Poduru Mandal, West Godavari District in the name of construction of community building without giving any notice and without following due process of law as illegal, arbitrary and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and principles of natural justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioners from their house sites and 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. Learned Assistant Government Pleader for Respondents, admitted that the petitioners are continuing in the possession of subject house sites and the ::3:: respondents authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioners submits that the petitioners are absolute owners and possessors of the residential house sites in R.S.No.8-1 to an extent of Ac.0.2 ½ cents each situated at Jinnuru Village, Podur Mandal, West Godavari District and they have been in peaceful possession and enjoyment of the said property without let or hindrance from anybody or any corner from several decades. The petitioners have constructed small cattle shed in the subject land. 5. While things stood thus, revenue and panchayat authorities visited the petitioners’ house site on 24.03.2025 and took measurements by conducting survey and requested the petitioners to vacate from the petitioners’ house sites and remove cattle shed as they are going to construct Community Building in the subject land. Aggrieved by the action of the respondents, the present writ petition is filed. 6. Heard learned counsel for the Petitioners, learned Government Pleader for Revenue and learned Standing Counsel for Respondent No.5. 7. 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 ::4:: interfere with the possession and 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 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. 8. 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 03.04.2025 krk 1 2004 (1) SCC 769 ::5:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA 88 WRIT PETITION No.8696 of 2025 03.04.2025 krk