APHC010191872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329 WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9732/2024 Between: Nandimandalam Narayana Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: O R D E R: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 3rd respondent in interfering with the petitioner’s land for the purpose of dispossessing him without following due process of law is illegal, arbitrary and violation of Article 300-A of the Constitution of India and to consequently direct the respondents not to dispossess the petitioner from the land admeasuring Ac.2-05 cents and Sy.No.43, Kothapalli Village, Proddatur Mandal, YSR District.” 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 his land without following due process of law. Learned Assistant Government Pleader for Revenue, admitted that the petitioner is continuing in possession of the land and requested to pass appropriate orders. Admittedly, the petitioner is in possession and enjoyment of the property. When the petitioner is in settled possession and enjoyment of the property, he 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) by L.Rs.1”. Therefore, if the petitioner is in 1 2004 (1) SCC 769 possession of the subject property, the respondents are directed, not to dispossess the petitioner from the property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. The miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 05.03.2025 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9732/2024 Date:05.03.2025 W sp