APHC010267722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13369/2025 Between: K Siva Sankar Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13369/2025 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 respondents, more particularly, respondent Nos. 2 to 5 in trying to interfere with the peaceful possession and enjoyment of the land admeasuring to an extent of Ac.4.44 cents in Sy.No.157-5 and Ac.0.64 cents in Sy.No.166-3 of Kondur Village, Lepakshi Mandal, Sree Satya Sai District even though the said lands were made freehold in the year 2023 as illegal and arbitrary; consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners. 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioners without following due process of law. 4. On the other hand, learned Government Pleader for Revenue submitted the written instructions issued by Respondent No.4 dated 14.06.2025, wherein it is stated that there is no provision enabled by the Government of Andhra Pradesh for mutation of Freehold lands through AP.Seva and Meeseva services issued in favour of the petitioners. Aggrieved by the said action, the petitioners herein filed the present writ petition. He further submits that if respondents intend to interfere with the peaceful possession and enjoyment of the subject property of the petitioners, they would follow due process of law. 5. It is settled proposition of law that, when the petitioners are in settled possession and enjoyment of their respective 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioners, 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:16.06.2025 BSP 1 2004 (1) SCC 769 17 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:13369/2025 Date:16.06.2025 BSP