f ■ •'N. APHC010268282022 IN THE HIGH COURT OF ANDHRA PRADEShI^ im AT AMARAVATI (Special Original Jurisdiction) o *■ WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16490 OF 2022 Between: Mekala Rama Rao, S/o. Subba Rao, aged 59 years, R/o.D.No.1-24, Duudepudi Village, Bhimadole Mandal, West Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Grama Panchayat, Duddepudi Village, Bhimadole Mandal, West Godavari District, Rep. by its Panchayat Secretary. ...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 an appropriate writ, order or direction more in the nature of mandamus, declaring the action of the respondent in trying to interfere with the peaceful possession of petitioner ov6r his land an extent of 375 Sq.yards in Sy.No.152 of Duddepudi Village, Bhimadole Mandal, West Godavari District without there being any notice or intimation as illegal, arbitrary, violative of Articles 21 and 300-A of the Constitution of India and consequently direct the 2"^^ respondent to not to interfere with the peacful possession of petitioner over his land an extent of 375 Sq.yards in Sy.No.152 of Duddepudi Village, Bhimadole Mandal, West Godavari District. r lA No: 1 OF 2022 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 2"^ respondent to maintain status quo over the petitioner land an extent of 375 Sq.yards in Sy.No.152 of Duddepudi Village, Bhimadole Mandal, West Godavari district pending disposal of thq above Writ Petition. I Counsel for the Petitioner: M/s. PILLIX LAW FIRM Counsel for the Respondents: GP FOR PANCHAYAT RAJ &RURAL DEV The Court made the following order: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.16490 OF 2022 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue Writ of Mandamus declaring the action of the 2"^^ respondent in trying to interfere with the peaceful possession of petitioner over his land an extent of 375 sq.yards in Sy.No.152 of Duddepudi Village. Bhimadole Mandal, West Godavari District without there being any notice or intimation as illegal, arbitrary, violative of Articles 21 and 300-A of the Constitution of India and consequently direct the 2""^ respondent not to interfere with the peaceful possession of petitioner over his land extent of 375 sq.yards in Sy.No.152 of Duddepudi Village, Bhimadole Mandal, West Godavari District.” an 2. The petitioner claims to be the owner of land admeasuring extent of land of an extent of 375 sq.yards in Sy.No.152 of Duddepudi Village, Bhimadole Mandal, West Godavari District. The petitioner is in peaceful possession and enjoyment of the subject land without any an 2 NV,J W.P.No. 16490 of 2022 interruption whatsoever. The petitioner submits that, the respondents are trying to interfere into the peaceful possession and enjoyment of the petitioner’s subject land. Questioning the action of the respondents, the present writ petition is filed. 3. 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 me petitioner from his land without following due process of law. 4. Learned Standing Counsel for Respondent No.2-Gram Panchayat submits that, in the event the respondents propose to evict the petitioner, the respondents would follow due process of law and requested to pass appropriate orders. Heard learned counsel for the petitioner, learned Standing Counsel and perused the material available on record. 5. 6. When the petitioner is in settled possession and enjoyment of the property, he 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/”. Therefore, 2004(1) see 769 3 NV,J W.P.No. 16490 of 2022 if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject 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. Consequently, miscellaneous petitions pending, if any, shall also stand closed. 8. Sd/- Wl. SRI^4iV.^vS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Panchayat Secretary, Grama Panchayat, Duddepudi Village, . Bhimadole Mandal, West Godavari District. 3. One CC to M/s. Pillix Law Firm, Advocate [OPUC] 4. Two CCs to GP for Panchayat Raj & Rural Dev, High Court of Andhra Pradesh [OUT] 5. Two CD Copies. ssb > i ) & HIGH COURT DATED:03/09/2025 \ > ORDER WP No.16490 OF 2022 g 2 <1 SEP 2025 ^ m;P ^ . Current Section > I DISPOSING THE WRIT PETITION WITHOUT COSTS