APHC010292782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 14852/2025 Between: 1. BADITHIMANI POLARAO, S/O BADITHIMANINAGULU, AGED ABOUT 65 YEARS, R/O DOOR.NO.4-50, MAHATMA GANDHI DAILY MARKET, VEMULAVALASA, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT-530052. 2. BADITHIMANIRAMALAKSHMI,, W/O BADITHIMANIPOLARAO, AGED ABOUT 55 YEARS, R/O DOOR.NO.4-50, MAHATMA GANDHI DAILY MARKET, VEMULAVALASA, ANANDAPURAMMANDAL, VISAKHAPATNAM DISTRICT - 530052. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM, DISTRICT AT VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 4. THE TAHSILDAR, ANANDAPURAMMANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S) 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 more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in interfering with the peaceful possession and enjoyment of the Petitioners land in Sy.No.209/p measuring an extent of Ac.0.04 Cents, Sy.No.213/1pto an extent of Ac.0.86 Cents, Sy.No.214/p measuring an extent of Ac.1.56 Cents, Sy.No.215/p to an extent of Ac.0.71 Cents situated at Gidijala Village, and in Sy.No.1/p measuring an extent of Ac.1.83 Cents Tarluvada Village, all of these 2 in Anandapuram Mandal, Visakhapatnam District and trying to dispossess the Petitioner from the said lands without notice is as illegal, arbitrary, unjust and contrary to the Fundamental Rights enshrined under the Constitution of India and direct the 4th Respondent not to interfere with the peaceful possession of the petitioners property without following due process of law and pass IA 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 peaceful possession and enjoyment of the Petitioners land in Sy.No.209/p measuring an extent of Ac.0.04 Cents, Sy.No.213/1pto an extent of Ac.0.86 Cents, Sy.No.214/p measuring an extent of Ac.1.56 Cents, Sy.No.215/p to an extent of Ac.0.71 Cents situated at Gidijala Village, and in Sy.No.1/p measuring an extent of Ac. 1.83 Cents Tarluvada Village, all of these in Anandapuram Mandal, Visakhapatnam District, except by following due process of law pending disposal of the above Writ Petition, and pass Counsel for the Petitioner(S): 1. GUMMA ITIHAAS Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 14852 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in interfering with the peaceful possession and enjoyment of the Petitioners land in Sy.No.209/p measuring an extent of Ac.0.04 Cents, Sy.No.213/1p to an extent of Ac.0.86 Cents, Sy.No.214/p measuring an extent of Ac.1.56 Cents, Sy.No.215/p to an extent of Ac.0.71 Cents situated at Gidijala Village, and in Sy.No.1/p measuring an extent of Ac.1.83 Cents Tarluvada Village, all of these in Anandapuram Mandal, Visakhapatnam District and trying to dispossess the Petitioners from the said lands without notice is as illegal, arbitrary, unjust and contrary to the Fundamental Rights enshrined under the Constitution of India and direct the 4th Respondent not to interfere with the peaceful possession of the petitioners property without following due process of law and pass such other order or orders as this Court may deem fit and proper in the circumstances of the case”. 2. It is the pleading of the petitioners that a person in settled possession of immoveable property is entitled to continue in such possession, without being dispossessed save and except in accordance with law. 3. In Rame Gowda v. M.Varadappa Naidu, reported in (2004)1 SCC 769, a three-Judge Bench of Apex Court, while discussing the Indian law on the subject, observed as under: “It is thus clear that so far as the Indian law is concerned, the person in peaceful possession is entitled to retain his possession and in order to protect such possession he may even use reasonable force to keep out a 4 trespasser. A rightful owner who has been wrongfully dispossessed of land may retake possession if he can do so peacefully and without the use of unreasonable force. If the trespasser is in settled possession of the property belonging to the rightful owner, the rightful owner shall have to take recourse to law.” 4. In the case of Ram Ratan and others Vs. State of Uttar Pradesh, reported in 1977(1) SCC 188, question cropped up before Supreme Court with regard to right of private defence of trespasser against true owner. Their Lordships held that true owner has no right to dispossess the trespasser by use of force in case trespasser was in possession in full knowledge of the true owner. Observation made by Hon'ble the Supreme Court is reproduced as under:- “In State of W.B. and others Vs Vishnunarayan and Associates (P) Ltd. and another, reported in (2002) 4 SCC 134, held that State and its executive officers cannot interfere with the rights of others except where their actions are authorized by specific provisions of law.” 5. In, H.B.Yogalaya Vs. State of U.P. and others, reported in (2004) 13 SCC 518 the apex Court held that without any show cause notice or hearing neither demolition can take place nor a person may be dispossessed from the property, to quote relevant portion: "Otherwise also principles of natural justice demand that a show- cause notice and hearing be given before demolishing or dispossessing a person from the properties of which he is in 5 possession. Counsel appearing for the respondents did not contest this proposition." "It is well settled that the law requires that the true owner should dispossess the trespasser by taking recourse to the remedies under, the law." 6. In the celebrated case of Maneka Gandhi vs. Union of India, AIR 1978 SC 25, the Hon'ble Supreme Court upheld the phrase no one shall be deprived of one’s life and liberty except procedure established by law as employed in Article 21 of the Constitution of India. The principles of natural justice demands that the persons who are affected should be heard. 7. Therefore, this Court is of the opinion that the petitioners should not be dispossessed except in accordance with the law as held by the Rame Gowda’s case that the petitioners who are continue in such possession, they shouldn’t dispossess without being except in accordance with law. 8. Therefore, the Writ Petition is disposed of directing the respondents not to dispossess the petitioners, except following the due procedure as contemplated in law. No order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 01.09.2025 SPP 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 14852 OF 2025 Date: 01.09.2025 SPP