IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATiy^y^^J^^ (Special Original Jurisdiction) !x(L ito THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8770 OF 2025 Between: P Lakshmi Devi, W/o Bathinaiah, aged 57 years, Occ Coolie, R/o D. No. 2/83, Chukkala Nidigillu Village, Srikalahasthi Mandal, Tirupati District. Pasala Mani, S/o Tirupalu, aged 48 years, Occ Coolie, R/o D. No. 14/268, V. M. Palli Village, Srikalahasthi Mandal, Tirupati District 1. 2. ...Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat, Amaravathi, Guntur District. The District Collector, Tirupati District, Tirupati. The Revenue Divisional Officer, Tirupati, Tirupati District. The Tahasildar, Srikalahasthi Mandal Srikalahasthi, Tirupati District. 1. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, an order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent Tahsildar in trying to dispossess Petitioners from their house sites admeasuring Ac. 0.03 Cents respectively comprised in Sy. No. 414 situated at Rajeev Nagar Colony, Srikalahasthi, Tirupati District and to demolish the asbestos sheet shed without issuing any notice threatening and-Without following the procedure established by the as illegal, arbitrary, of principles of natural justice and violative of capricious, violation fundamental rights guaranteed under Articles 14, 19 (1) (g), 21 and 300-A Constitution of India and consequently direct the 2nd Respondent to of the issue assignment patta in relation to the said land. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent not to dispossess the Petitioners from sites admeasuring Ac. 0.03 Cents respectively comprised in situated at Rajeev Nagar Colony, Srikalahasthi, Tirupati their house Sy. No. 414 District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. PENUMAKA VENKATA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 APHC010170372025 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: 8770/2025 Between; ...PETITIONER(S) P Lakshmi Devi and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. PENUMAKA VENKATA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE '.Sf 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT petition NO: 8770/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. seeking the following relief; to issue a writ an order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4*'' respondent/Tah sildar in trying to dispossess Petitioners from their house sites admeasuring Ac 0.03 Cents respectively comprised in Sy.No.414 situated at Rajeev Nagar Colony Srikalahasthi, Tirupati District and threatening to demolish the asbestos sheet and without following the procedure shed without issuing any notice ^ , f established by law, as illegal, arbitrary, capricious, violation of pnnciptes of natural justice and violative of fundamental rights guaranteed under Articles 14, 19(1)(g). 21 and 300A of the Constitution of India and consequently direct the 2"'* Respondent to issue assignment patta in relation to the said land and pass such..’’ learned counsel for the petitioners, without touching the requested this Court to issue a direction to the respondents to dispossess the petitioners from their land, without following due process 2. During hearing merits of the case, not of law. 3. Learned Government Pleader for Revenue, admitted that the petitioners are continuing in possession of the subject land and the respondents 3 authorities would follow due process of law and requested to pass appropriate orders. Learned counsel for the petitioners submits the petitioners have occupied the Government land admeasuring Ac.0.03 cents situated at Rajeev Nagar Colony, Srikalahasthi, Tirupathi District in the year 2014 and petitioners have constructed an asbestos cattle shed and using the same for doing milk business. The respondents have allowed the petitioners to continue their possession without any demur up to February, 2025. While things stood thus, the 4*^ respondent initiated eviction steps against the petitioners without following due process of law as contemplated. Hence the writ petition. Heard Sri Venkata Rao Penumaka, learned counsel for the Petitioners and learned Government Pleader for Revenue and perused the material placed on record. 4. 5. 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 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 8. an 4; opportunity before taking appropriate action. It is made clear that 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 land, except by due process of law. 9. With the above directions, the Writ Petition is disposed of. No costs. The miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT. REGISTRAR //TRUE COPY// / SEc5ton OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, State of Andhra Pradesh, Amaravathi, Guntur District. The District Collector, Tirupati District, Tirupati. The Revenue Divisional Officer, Tirupati, Tirupati District. The Tahasildar, Srikalahasthi Mandal Srikalahasthi, Tirupati District. One CC to Sri. Penumaka Venkata Rao Advocate [OPUC] Two CCs to GP For Revenue, High Court Of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. GSC HIGH COURT DATED:03/04/2025 ORDER WP.No.8770 of 2025 <? 03 APR 2025 lx lO Current Section DISPOSING OF THE WP WITHOUT COSTS