::1:: APHC010169522025 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: 8767/2025 Between: Syed Hafijunnisa, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S): 1. GP FOR REVENUE ::2:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION No.8767 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 respondents in trying to dispossess the petitioner from the land situated in Sy.No.1912-2 admeasuring to an extent of Ac.2.00 cents situated in Atmakur Village, Atmakur Mandal, SPSR Nellore District without issuing any notice or following any due process of law as being illegal, arbitrary, sans jurisdiction, violative to the principles of natural justice, contrary to the provisions of Andhra Pradesh Assigned Land (Prohibition of Transfers) Act, 1977 and Articles 14, 19, 21 and 300-A of the Constitution of India and consequently, direct the Respondents not to dispossess the petitioner from her land situated in Sy.No.1912- 2 admeasuring to an extent of Ac.2.00 cents situated in Atmakur Village, Atmakur Mandal, SPSR Nellore District and pass”. 2. 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 dispossess the petitioner from her land, without following due process of law. ::3:: 3. Learned Assistant Government Pleader for Respondents, admitted that the petitioner is continuing in the possession of subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioner submits that the petitioner was issued D-Form Patta vide FDS No.60/1408, dated 07.05.1999 for an extent of Ac.2.00 cents in Sy.No.1912-2 of Atmakur Village, Atmakur Mandal, SPSR Nellore District. Since the date of issuance of the Patta, the petitioner has been in the absolute possession of the said land. All the revenue records were also mutated in favour of the petitioner. While things stood thus, the respondent No.4 had visited the subject land on 25.03.2025 and threatened the petitioner to vacate from the premises. The petitioner was further threatened that the Patta issued in her favour would be cancelled and the possession of the land would be resumed back to the Government. The petitioner was not informed of any reason for such high-handed action of the Respondent No.4. Hence the writ petition. 5. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the ::4:: petitioner’s 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 petitioner’s possession is illegal, still, the petitioner is 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 petitioner is in settled possession and enjoyment of the property, she cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioner from her property, except by due process of law. 6. 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 85 WRIT PETITION NO.8767 of 2025 03.04.2025 krk