PEPAKAYALA JAGADHISWARUDU v. THE STATE OF ANDHRA PRADESH
WP/9693/2025 · 2025-04-10
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15092 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15092 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.9693 OF 2025
ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus declaring the action of the respondents in trying to dispossess the petitioners from land admeasuring an extent of 573-54 sq.yds in Sy.No.242/2, Pedarayavaram Village, Rangapeta Mandal, East Godavari, as illegal, arbitrary; consequently direct the respondents not to dispossess the petitioners from the subject land.
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 Revenue submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders.
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4. When the petitioners are in settled possession and enjoyment of the 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) byL.Rs”1. Therefore, if the petitioners are in possession of the subject property, the respondents are
directed not to dispossess the petitioners from the subject property, except by due process of law.
5. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs.
6. Consequently, interlocutory applications if any pending, shall stand closed.
______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA
Dt: 10.04.2025 SP
1 2004 (1) SCC 769
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
246
WRIT PETITION NO.9693 OF 2025
10.04.2025 SP