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2025 DAILYLAW 18485 (AP)

Veneke Narayanamma, v. The State of Andhra Pradesh,

WP/15084/2025 · 2025-06-23

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010255952025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: Between: Veneke Narayanamma, and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. P SRAVAN KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15084/2025 Veneke Narayanamma, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): P SRAVAN KUMAR REDDY Counsel for the Respondent(S): following: IN THE HIGH COURT OF ANDHRA PRADESH [3329] THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ...PETITIONER(S) ...RESPONDENT(S) 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15084/2025 O R D E R: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “ ... to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 2nd Respondent in interfering in the peaceful possession and enjoyment of the property of the Petitioners, threatening the Petitioners to vacate the property admeasuring Ac.4-86cents, Ac.2-50cents and Ac.3-12cents respectively situated in Sy.No.31-6 of M.Cherlopalli Village, Bathalapalli Mandal, Sri Satya Sai District, immediately and to handover the same to 3rd Respondent, other wise to face dire consequences of forceful dispossession from the said premises and thereby interfering with personal liberty of the petitioners without any legal cause, as illegal, arbitrary and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 2nd Respondent not to interfere in the property of the Petitioners and threaten, dispossess the petitioner from the premises admeasuring Ac.4-86cents, Ac.2-50cents and Ac.3-12cents respectively situated in Sy.No.31-6 of M.Cherlopalli Village, Bathalapalli Mandal, Sri Satya Sai District and pass...” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. 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/ evict the petitioners from their respective property without following due process of law. 4. Learned Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioners are in settled possession and enjoyment of the property, the petitioners cannot be dispossessed, without following due 3 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 petitioners are in possession of the subject property, the respondents are directed not to evict/ dispossess the petitioners from the subject property, 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:24.06.2025 KKV 1 2004 (1) SCC 769 4 28 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15084/2025 Date:24.06.2025 KKV