::1:: APHC010191572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9672/2025 Between: Pogadathoti Lakshumma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. M SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION No,9672 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: “..pleased to declare the action of the Respondents herein in interfering with the petitioners’ peaceful possession and enjoyment of House Sites bearing Plot Nos.77,78 and 79 in Sy.No.811 of Madakalavaripalli Village, Gopavaram Mandal, YSR Kadapa District allotted to the petitioners and trying to dispossess the petitioners without issuing notices and without following due process of law as illegal, arbitrary, violation of Article 300-A of the Constitution of India and consequently direct the Respondents not to interfere and not to dispossess with the petitioners possession in respect of the said House Sites allotted to the petitioners in Plot Nos.77, 78 and 79 in Sy.Nos.811 of Madakalavaripalli Village, Gopavaram Mandal, YSR Kadapa District 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 property, without following due process of law. 3. Learned Assistant Government Pleader for Revenue, admitted that the petitioners are in continuous the possession of the subject property and the respondents authorities would follow due process of law and requested to pass appropriate orders. 3 4. Learned counsel for the Petitioners submits that the petitioners are in possession and enjoyment of the plots for more than 30 years. After issuing pattas, initially, the Plot No.78 was granted by way of house site patta assignment in favour of the 3rd petitioner’s mother i.e., late Smt. Pogadathoti Chinnakka and she died intestate 5 years ago. Thereafter the petitioners have jointly constructed houses within one compound wall. But, all of sudden on 08.04.2025 the Revenue Authorities with men and machinery came to petitioners’ houses. The respondents without issuing any notices and without following due process of law, interfering with petitioners’ peaceful possession and enjoyment of the said houses. The Respondents are trying to forcibly dispossess the petitioners from their house sites, hence, petitioners are constrained to file the present Writ Petition. 5. 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 interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioners’ constitutional right 4 guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for moment that these 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. 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 10.04.2025 krk 1 2004 (1) SCC 769 5 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA 161 WRIT PETITION No,9672 of 2025 10.04.2025 krk