::1:: APHC010305852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15369/2025 Between: Boina Venkateswarlu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K NARSI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR FORESTS The Court made the following ORDER: 1. This 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 respondents 5 to 7 in evicting the petitioner admeasuring for an extent of Ac.2.50 cents in Sy.No.3P situated at Jorepalle Village, RapurMandal, SPSR Nellore District without following due process of law as illegal, arbitrary, violation the principals of natural Justice and violation of articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess or interfere with the possession of the petitioner in the above said land and pass such 2 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 petitioner from his subject property, without following due process of law. 3. The learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions issued by the 5th respondent dated 25.06.2025, wherein it is stated as follows:- 1. “it is submitted that an extent of Ac.3413.58 in sy.No.3 of Jorepallli village, rapur Mandal, SPSR Nellore district is classified as Reserve Forest as per the RSR of the village” 2. As per the records available in office, the forest land situated in sy.No.3 of Jorepalli village not de-notified from reserve forest.. 3. The land in sy.No.3 not transferred from reserve forest to AW Dry. 4. The sy.No.3 of Jorepalli village not splitted, created new Sy.Nos.and also not subdivided. 5. As per the record available in office, assignment pattas/any other pattas were not granted to anybody. 3 4. 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 the petitioner 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 (Dead) by L.Rs.1, 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 petitioner’s subject property. However, if they intend to take any action against subject property of the petitioner, they 1 2004 (1) SCC 769 4 shall follow the due procedure as contemplated under the law. 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 26.06.2025 klk 5 127 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.15369 of 2025 26.06.2025 klk