IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NQ: 11773 OF 2{)?Fi AMARAVATI Between: Manda Adireddy, S/o. Subbareddy, Aged about 62 D.No.3-187 Nadiveedhi street, Mandal, East Godavari District. years. Residing at Balabradhapuram village, Bikkavolu ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary Acquisition Department, Secretariat, Amaravathi. 2. The District Collector, East Godavari District. 3. The Revenue Divisional Officer, Bikkavolu Mandal District. 4. Tahsildar, Bikkavolu Mandal, East Godavari District. 5. The State of Andhra Pradesh, Rep. by the Principal Secretary Department, Secretariat, Amaravathi. Land East Godavari Revenue ...RESPONDENTS of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction nature of Writ of Mandamus Petition under Article 226 of the Constitution may more particularly one in the challenging the illegal action of the respondents, more particularly 3rd and 4th respondents in interfering and his D-patta land situated to Balabradhapuram village, as illegal, and contrary to Articles threatening to dispossess the petitioner from extent of Ac. 0.52 cents of Nadiveedhi Street Bikkavolu Mandal, East Godavari arbitrary and violative of principal of Natural Justice an District, Andhra Pradesh, 14, 21 and 300-A of Constitution of India and respondents not to interfere and dispossess the petitioner from his D- patta land without following the due process of Law and consequently direct the pass such order or orders as this Hon'ble Court may deem fit and proper 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 direct the respondents not to interfere and not to dispossess the petitioner from his D-patta land situated to an extent of Ac. 0.52 cents of Nadiveedhi Street, Balabradhapuram village. Bikkavolu Mandal, East Godavari District, Andhra Pradesh, without following the due process of law. Counsel for the Petitioner; SRI M. SRIKANTH Counsel for the Respondent No.1: GP FOR LAND ACQUISITION Counsel for the Respondent Nos.2 to 5: GP FOR REVENUE The Court made the following: ORDER / APHC010238392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11773/2025 Between: Manda Adireddy ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M SRIKANTH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- 'to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus challenging the illegal action of the respondents, more particularly 3rd and 4th respondents in interfering and threatening to dispossess the petitioner from his D-patta land situated to an extent of Ac. 0.52 cents of Nadiveedhi Street, Balabradhapuram village, Bikkavolu Mandal, East Godavari District, Andhra Pradesh, as illegal, arbitrary and violative of principal of Natural Justice and contrary to Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere and dispossess the petitioner pr 2 from his D- patta land without following the due process of Law and pass such order and pass such other order. During hearing, learned counsel for the petitioner, without touching the 1. 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 Respondents, admitted that 2. 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 4. possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the subject land of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner 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 possession is illegal. still, the petitioner is 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.\ 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 are directed not to interfere with the peaceful possession and 2004 (1) see 769 3 enjoyment of the petitioner’s subject property. However, if they intend to take any action against subject property of the petitioner, they shall follovy the due procedure as contemplated under the law. With the above direction, the writ petition is disposed of. No costs. 5. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR iffe • //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Land Acquisition Department, State of Andhra Pradesh, Secretariat, Amaravathi. 2. The District Collector, East Godavari District. 3. The Revenue Divisional Officer, Bikkavolu Mandal, East Godavari District. 4. Tahsildar, Bikkavolu Mandal, East Godavari District. 5. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravathi. &; "5ne CC to Sri M. Srikanth, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] §. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:09/05/2025 28 MAY 2025 , Cuneiiioecuon X ■ o A ORDER WP.No.11773 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS