[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12955 OF 2025 Between; Ambiti Chalapathi, S/o. late. Ambit! Chinnappa, Aged about 48 years, R/o. Kondamarripalli Village, H/o. Basinikonda, Madanapalli Mandal, Annamayya District ...Petitioner/s AND The State of Andhra Pradesh, Rep. by its Principle Secretary, Revenue Department, A.P. Secretariat Amaravathi, Guntur District. The District Collector, Rayachoti, Annamayya District. The Sub-Collector-Cum- Revenue Divisional Officer, Madanapalle, Annamayya District. The Tahsildar, Madanapalle, Annamayya District. 1. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution 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 more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in taking steps to highhandedly demolish the building/house constructed bearing Sy. No. 1029/1, situated at Kondamarripalli Village, H/o. Basinikonda Grama may Panchayat, Madanapalli Mandal, Annamayya District (erstwhile Chittoor District), in the House site patta assigned land admeasuring to an extent of Ac.0.03 cents in Sy. No. 1029/1 of Kondamarripalli Village, H/o. Basinikonda Grama Panchayat, Madanapalli Mandal, Annamayya District for the Public purpose without No. 1029/1, situated at acquiring such lands and paying compensation by following any known procedure establish by law illegal, arbitrary and unconstitutional and consequently direct the not to interfere with the petitioners peaceful possession and also not to demolish situated at building/house ' bearing No. 1029/1 Kondamarripalli Village, H/o. Basinikonda Grama Panchayat, Madanapalli Mandal, Annamayya District (erstwhile Chittoor District), in the House site patta assigned land admeasuring extent of Ac.0.03 cents in Sy. No. 1029/1 of Kondamarripalli Village Basinikonda Grama Panchayat, Madanapalli Mandal, Annamayya District without following due process of law. en/c^ment of the house and to an H/o. 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 with the petitioner's peaceful and enjoyment of the house as well possession as not to demolish the building/house constructed bearing Sy. No. 1029/1. situated at Kondamarripalli Village H/o. Basinikonda Grama Panchayat, Madanapalli Mandal, District (erstwhile Chittoor District), in the House site patta assigned land admeasuring to an extent of Ac.0.03 cents in Sy. No. 1029/1 of Kondamarripalli Village. H/o. Basinikonda Grama Madanapalli Mandal, Annamayya District without following due process of law forthwith Annamayya; Panchayat Counsel for the Petitioner:SRI. MD SALEEM Counsel for the Respondents: GP FOR REVENUE The Court made the following: ::1:: APHC010259092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12955/2025 Between: ...PETITIONER Ambiti Chalapathi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MDSALEEM Counsel for the Respondent(S): 1.GP FOR REVENUE ::2:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.12955 of 2025 This Court made the following ORDER; 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to direct the Respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the house as well as not to demolish the building/house constructed bearing Sy.No. 1029/1, situated at Kondamarripalli Village, H/o. Basinikonda Grama Panchayat, Madanapalli Mandal, Annamayya District (erstwhile Chittoor District), in the House site patta assigned land admeasuring to an extent of Ac.0.03 cents in Sy.No.1029/1 of Kondamarripalli Village, H/o Basinikonda Grama Panchayat, Madanapalli Mandal, Annamayya District without following due process of law forthwith pending disposal of the above writ petition and to pass..’’ During hearing, learned counsel for the petitioner, without touching the 2. 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 3. that the petitioner is in continuous possession of subject land and the m 3 respondents authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioner submits that the petitioner’sfather was allotted a house site to an extent of Ac.0.03 cents in government land in Sy.No.1029/1 of Kondamarripalli Village, H/o Basinikonda Grama Panchayat, Madanapalli Mandal, Annamayya District (erstwhile Chittoor District) and thereafter granted House Pattas to the petitioner vide Patta No. 16/0/1401 dated 10.07.1996 and since the allotment of the house site patta, the father of the petitioner is in possession and enjoyment of the above mentioned assigned land without any interruption. After granting patta to the petitioner’s father constructed a tin sheeted roof shed in the subject land. The father of the petitioner is passed away, leaving the petitioner as his sole legal heir. 5. While things stood thus. Respondents and their subordinate Officers, , on 26.02.2025 came to the house and gave markings for demolition of the building constructed in the land/house site for which a patta was granted to , the petitioner’s father and directed the petitioner to vacate the house or else they will dispossess and on the same day the 4^'' respondent and his staff partly demolished the constructed house. Hence the writ petition. 6. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled ::4:: to interfere with the possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to 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 an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs.\ 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 dispossess the petitioner from his property, except by due process of law. 7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. SDI- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principle Secretary, Revenue Department, A.P. Secretariat Amaravathi, Guntur District, State of Andhra Pradesh (BY SPECIALMESSENGER) 2. The District Collector, Rayachoti, Annamayya District. 3. The Sub-Collector-Cum- Revenue Divisional Officer, Madanapalle, Annamayya District. 4. The Tahsildar, Madanapalle, Annamayya District. (Addressee Nos.2 to 4 BYRPAD) 5. One CC to SRI. MD SALEEM Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies HIGH COURT DATE 0:08/05/2025 ORDER ^2 ii JUN 2025 WP.No.12955 of 2025 Co DISPOSSING THE WRIT PETITIION