IN THE HIGH COURT OF ANDHRA PRADESH:: (Special Original Jurisdiction) FRII^, THE NINfH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12745 OF 2025 Between: Smt. Bairipogu Shankaramma, W/o. Bairipogu Naganna, aged 65 years, Occ. agriculture,R/o. H No. 9-1973,Santhi Nagar, Yemmiganur village and mandal Kurnool District 519 360 ...Petitioner AND 1. The State of Andhra Pradesh. Rep by its Prl. Secretary, Municipal Administration Department Secretariat, Velagapudi, Amaravthi 2. The Yemmiganur Municipality, Rep by its Commissioner, Yemmiganur, Kurnool D^istrict -- 3. The State of Andhra Pradesh, Rep by its Prl. Secretary, Revenue Department Secretariat, Velagapudi, Amaravthi 4. The District Collector, Kurnool District, Kurnool 5. The Revenue Divisional Officer, Adoni Division, Kurnool District ■ 6. The Tahsildar, Yemmiganur Mandal, Kurnool District ...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, ordeif.^or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 6 authorities in interfering with the possession and enjoyment of the petitioners patta land to an extent of Ac.3.78 cents in Sy No. 37 situated at Yemmiganur Village and Mande.l,. Kurnool District which was allotted through D Form Patta vide KCA/59V98 dated 21.03.1998 without following - ^ i % due process of law and trying to evict the petitioner from her respective land as illegal, arbitrary and against the principles of natural justice and also violative of Articles 14.19, 21 andJOQ- A of Constitution of India and consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the petitioner land without following due process of law in the interest of justice 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 grant stay of dispossess oMhe petitioner from her agricultural patta land to an extent of Ac. in Sy ^ 37 situated at following due Yemmiganur-Village and Mandal, Kurnool District without process of law, pending disposal of the main writ petition ^ . Counsel for the Petitioner: SRI TENEPALLI NIRANJAN DEv"aP Respondent No.1: GP MUNCIPAL ADMN AND URBAN Counsel for the Respondent No.2: SRI G LAKSHMI NARAYANA Counsel for the Respondents No.3 to 6: GP FOR REVENUE The Court made the following: Order APHC010228532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 m [3329] FRIDAY ,THE ninth DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12745/2025 Between: Smt. Bairipogu Shankaramma ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.TENEPALLI NIRANJAN Counsel for the Respondent{S): 1.GP FOR REVENUE 2. GP^MtJNCIPAL" AErMFTANtrURBAFrDEV AP The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- ...RESPONDENT(S) 1. ‘to issue a Writ, order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 6 authorities in interfering with the possession and enjoyment of the petitioners patta land to an extent of one Ac.3.78 cents in Sy No. 37 situated at Yemmiganur Village and Mandal, Kurnool District which was allotted through D Form Patta vide KCA/59V98 dated 21.03.1998 without following due process of law and trying to evict the petitioner from her respective land as illegal, arbitrary and -a^inst the principles of natural justice and 2 ; J also violative of Articles 14,19, 21 and 300- Constitution of India and consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the petitioner land without following due process of law in the interest ofjustice and pass such other order. A of 1. 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. 2. Learned Assistant Government Pleader for Respondents, admitted that the petitioner is in continuous possession of subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders in accordance with law. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would depriving the petitioner’s 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 petitioner’s possession is illegal, still, the petitioner is required to be afforded opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. 3. amount to an 3 M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. Therefore, the respondents directed not to dispossess the petitioner from his property, except by due process of law if the petitioner possession of the subject property. are 4. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. SDI- V.DIWAKAR DEPUTY REGISTRAR *2004(1) see 769 //TRUE eOPY// SEeTION OFFieER To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration,Department Secretariat, Velagapudi, Amaravthi 2. The Commissioner, Yemmi^anur Municipality, Yemmiganur, Kurnool District 3. The Principal Secretary, State of Andhra Pradesh, Department Secretariat, Velagapudi, Amaravthi 4. The District Collector, Kurnool District, Kurnool 5. The Revenue Divisional Officer, Adoni Division, Kurnool District 6. The Tahsildar, Yemmiganur Mandal,’Kurnool District 7. One CC to SRI TENEPALLI NIRANJAN Advocate [OPUC] 8. Two CCS to GP MUNCIPAL ADMN AND URBAN DEV AP, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] One CC to SRI G LAKSHMI NARAYANA, Standing Counsel for Municipalities in Rayalaseema region [OPUC] Three CD Copies Revenue 10. 11. gsg HIGH COURT DATED: 09/05/2025 \ ORDER WP.No.12745 of 2025 DISPOSING THE WP WITHOUT COSTS