APHC010215402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10688/2025 Between: Katari Naga Vasudha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V R MAHESWARA RAO PALETI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10688/2025 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “ may be pleased to issue an appropriate Writ Order direction more particularly one in the nature of Mandamus a) Declaring the action of Respondents 4 to 7 in attempting to forcibly enter demolish fencing and lay a road in the Petitioners land in R.S.No.187/5 Vadlamanu Village, Agiripalli Mandal, Eluru District without following due process under the Land Acquisition Act 2013 as illegal, arbitrary and violative a process of Articles 14, 19(1) (g) and 300-A of the Constitution of India b) To direct the Respondents not to interfere with the Petitioner peaceful possession and enjoyment of the subject land in any manner whatsoever without acquisition proceedings c) To direct the Respondent No.2 to conduct an impartial and time bound enquiry on the representation dated 07.04.2025 submitted by the Petitioner and initiate disciplinary proceedings against Respondents 5 to 7 for abuse of power and violation of law d) and pass such other order or orders…. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 4. Learned Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioner is in settled possession and enjoyment of the property, the petitioner 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 long standing possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:24.04.2025 Note: Issue C.C by 28.04.2025 B/o. TM 1 2004 (1) SCC 769 31 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10688/2025 Date:24.04.2025 TM