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2025 DAILYLAW 18725 (AP)

SRI BUSI REDDY RAMA SUBBAREDDY v. THE STATE OF AP

WP/12951/2025 · 2025-05-08

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010259392025 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: 12951/2025 Between: Sri Busi Reddy Rama Subbareddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKAT CHALASANI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12951/2025 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in trying to dispossess/ evict the petitioners from their houses/ lands admeasuring to an extent of Ac.2.84 cents and Ac.0.79 cents, totaling to an extent of Ac.3.63 cents in Sy.Nos.51-4 and 44-5 situated at C.Kotapalli Village, Badvel Mandal, Kadapa District, Andhra Pradesh without following due process of law as illegal, arbitrary; consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of the subject land of the petitioners. 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 properties 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 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 dispossess/ evict the petitioners from their respective properties, 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:09.05.2025 BSP 1 2004 (1) SCC 769 261 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:12951/2025 Date:09.05.2025 BSP