APHC010282922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14302/2025 Between: T Reddy Kumari and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14302/2025 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. 3 and 4 in illegally threatening the petitioners herein to dispossess from the peaceful possession and enjoyment of the land admeasuring to an extent of Ac.3.08 cents in Sy.No.712/1 of Valasapalle Village, Madanapalli Mandal, Annamayya District without issuing any notice or without following due process of law 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 dated 17.06.2025 issued by Respondent No.3, wherein the relevant portion of the said instructions is extracted hereunder: “It is submitted that the respondents have not interfered into the petitioner scheduled land at any moment of time and hence dispossession of the petitioner from the subject property does not arise. In the earlier instance of the case, the land to an extent of Ac.3.63 cents in Sy.Nos.712/5 & 712/8 which situated adjacent to the writ petition scheduled property has been identified and proposed for establishment of A.P. Tourism Three (3) Star Hotel. Thus respondents never interfered with the possession of the subject land and never identified and proposed for any government purpose as stated by the petitioner in the affidavit. The petitioner himself has assumed that his land has been proposed for the said purpose and hence filed this Writ petition by praying the Hon’ble Court to direct the respondents not to interfere with the petitioner scheduled land. In the above circumstances, the writ petition has no merits for consideration and is liable to be dismissed. 5. On perusal of the said instructions, it is evident that the respondents are not interfering with the peaceful possession and enjoyment of the subject land of the petitioners. He further submits that if at all the respondents intend to interfere with the peaceful possession and enjoyment of the subject land of the petitioners, they would follow due process of law. 6. It is settled proposition of law that, when the petitioners are in settled possession and enjoyment of the subject 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 1 2004 (1) SCC 769 possession and enjoyment of the subject property of the petitioners, except by due process of law. 7. 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:19.06.2025 BSP 26 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:14302/2025 Date:19.06.2025 BSP