::1:: APHC010305822025 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: 15413/2025 Between: 1. PACHURU SARADAMMA, W/O.MUNNIAH, AGE 50 YEARS, OCC AGRICULTURE, R/O. SANGANAPALLI VILLAGE, DAKKILIMANDAL, TIRUPATHI DISTRICT, ERSTWHILE SPSR NELLORE DISTRICT....P ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATHIDISTRICT,TIRUPATHI. 3. THE REVENUE DIVISIONAL OFFICER, DAKKILLI, TIRUPATHI DISTRICT. 4. THE TAHSILDAR, DAKKILLI, TIRUPATHI DISTRICT. ...RESPONDENT(S): 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 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 evicting the petitioner admeasuring for an extent of Ac.1.50 cents in 2 Sy.No.1P situated at Sanganapalli Village, DakkiliMandal,Tirupathi District, Erstwhile 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. 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 her 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 4th respondent dated 26.06.2025, wherein it is stated as follows:- 1. “it is submitted that an extent of Ac.292.30 in sy.No.1 of Sanganapalli village, Dakkili Mandal, is classified as Gazing porampoke as per the village records” 2. As per the records available in office, the land of Sanganapalli village is not transferred from Grazing poramboke to AW dry. 3 3. As per the D-register assignment pataa not granted to the petitioner vide F.Dis.No.65/1413, dated 01.02.2003. 4. The particulars assignment granted to the petitioner not recorded any basic records, D- register, adangal etc. 5. At present the land in sy.No.1 is full of shrub growth. The subject land is not under the possession and enjoyment of the writ petitioner at any point of time. 6. The writ petitioner created the faked D-form patta to file this writ petition before the Hon’ble Court. Hence he is not entitled to grant any relief in this writ petition.” 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 4 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, she 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 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 1 2004 (1) SCC 769 5 138 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.15413 of 2025 26.06.2025 klk