APHC010286532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) nz&o^'- B TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15083 OF 2025 Between: Adusumalli Venkata Rao,, aged about 41 Occupation - Agriculture, R/o.Peddireddypalli Village, Varikuntapadu Mandal, SPSR Nellore District. years S/o.Venkateswarlu, ...Petitioner AND 1. The State of Andhra Pradesh, represented by its Principle Secretary Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Tahasildar, Varikuntapadu, S.P.S.R.Nellore District. 3. Chanda Venkata Ramaiah, aged about 62 Occupation- Agriculture Mandal, S.P.S.R.Nellore District. years, S/o.Ramaiah, Seetharamapuram R/o.Gangavaram Village ...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 a Writ, Order or direction particularly in the nature of Writ of Mandamus directing respondents not to interfere with petitioners peaceful possession and enjoyment of his lands of Ac.6-04 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without following due process of law by declaring the high handed action of the respondents in interfering with the petitioners lands Ac.6-04 cents in Sy.No.71 of Korumatta Varikuntapadu Mandal, SPSR Nellore following due process of law as illegal and arbitrary and violation of Article 300 A of the Constitution of India. 1ANOl1OF2025 H/o. Thotala Cheruvu Palli Village District without issuing notice and Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents not to interfere with the may be pleased to petitioner’s possession of his lands of Ac.6-04 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without following due process of law, pending the Writ Petition. Counsel for the Petitioner: SRI G RAMACHANDRA Counsel for the Respondents 1 & 2: GP FOR REVENUE The Court made the following order: REDDY •/ • • 1 • • • • X • • APHC010286532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15083/2025 [3329] n Between: Adusumalli Venkata Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.G RAMACHANDRA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; 1. “to issue a Writ, Order or direction particularly in the nature of Writ of Mandamus directing respondents not to interfere with petitioners peaceful possession and enjoyment of his lands of Ac.6-04 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without following due process of law by declaring the high handed action of the respondents in interfering with the petitioners lands Ac.6-04 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without issuing notice and following due process of law as illegal and arbitrary and violation of Article 300 A of the Constitution of India and pass order” 2 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 the petitionerfrom his subject property, without following due process of law. 2. Learned Assistant Government Pleader for Respondents 3. admitted that the petitioners are in continuous possession of subject land and the respondents’ authorities would follow due process of law and requested to pass appropriate orders in accordance with law: It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of 4. the petitioners 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 L.Rs. v. M.Varadappa Naidu ■/' 3 (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 interfere with the peaceful possession and enjoyment of the petitioners’ subject property. However, if they intend to take any action against subject property of the petitioner they shall follow the due procedure as contemplated under the law. With the above direction, the writ petition is disposed of. No 5. costs. As a sequel, interlocutory applications if any pending, shall stand closed. SD/- N NAGAMMA ASSISTANT REGISTRAR ( ^ 2004 (1) see 769 //TRUE eOPY// EeTION OFFieER To, Revenue Department, State of Andhra 1. The Principle Secretary, Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Tahasildar, Varikuntapadu, S.P.S.R.Nellore District. Sri G Ramachandra Reddy, Advocate [OPUC] 3. OneCCto 4. Two CCS to GP For Revenue, High Court of Andhra Pradesh [OUT] 5. Two CD Copies RAM HIGH COURT DATED:24/06/2025 ORDER WP NO. 15083 OF 2025 S& vS 1 1 JUL 2025 ^sQtiffent Sectioiv'^^ Co DISPOSING OF THE WP WITHOUT COSTS