APHC010322632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16289/2025 Between: 1. ANDHRA PRADESH STATE CARPENTER ASSOCIATION, BANGANAPALLI, NANDYAL, REP. BY ITS MANDAL SECRETARY, S MOHAMMED HUSSAIN, S/O ABDUL JABBAR, AGED ABOUT 47 YEARS R/O. BHANUMUKKALA VILLAGE, BANAGANAPALLE MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, KURNOOL DIVISION, KURNOOL DISTRICT. 3. THE MANDAL REVENUE OFFICER MRO, BANGANAPALLI MANDAL, KURNOOL DISTRICT. 4. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, ANDHRA PRADESH. ...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 topleased to issue a writ, order, or direction, particularly in the nature of a Writ of Mandamus or any other appropriate writ or direction declaring the action of the Respondents in proceeding with the demolition and 2 dispossession of the Petitioner Association's land and shops situated in Survey No. 68/1, to an extent of Ac. 1.30 cents in Bhanumukkala Village, as illegal, arbitrary, unfair, without following due process of law as prescribed under the relevant statutes, and in violation of the principles of natural justice as well as Articles 14, 19, and 21 of the Constitution of India, setting aside the impugned action of the Respondents and directing them to refrain from interfering with the peaceful possession and occupation of the Petitioner Association's land and shops in Survey No. 68/1, to an extent of Ac. 1.30 cents in Bhanumukkala Village,declaring the possession and allotment of the aforesaid land and structures in favour of the Petitioner Association as lawful and directing the Respondents to strictly adhere to the due process of law, including issuance of proper notice and affording a reasonable opportunity of hearing to the Petitioner, before initiating any action for dispossession or demolition 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 pleased to stay the demolition and dispossession of the Petitioner’s association land and structures in Survey No.68/1 to an extent of Ac.1.30 cents of Bhanumukkala Village by the authorities, in order to protect their possession and occupation, and to prevent irreparable harm and injustice to the Petitioner and its members pending disposal of this Writ Petition. Counsel for the Petitioner: 1. SHAIK JAVVAD UR RAHAMAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16289/2025 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 in proceeding with the demolition and dispossession of the petitioner-Association’s land and shops situated in Sy.No.68/1 to an extent of Ac.1.30 cents in Bhanumukkala Village, 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 petitioner. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 4. On the other hand, learned Government Pleader for Revenue submitted the written instructions issued by the Tahsildar, wherein the relevant portion of the said instructions is extracted hereunder: “Moreover at present it has no cause of action as this office has not issued any notices to evict the aid encroachers. The petitioner with wrong assumption approached the HHC and filed this Writ Petition and not made the said contractor/ Gram Panchayath as proper party, 4 thus it is baseless and away from truth against this respondent. However, if eviction required, it will be done by following due process of law in consultation with the irrigation & Panchayath Raj and Home Department.” 5. On perusal of the said instructions, it is evident that it is only an assumption on part of the petitioner that the respondents are interfering with the peaceful possession and enjoyment of the subject land of the petitioner. In fact, the respondents are not interfering with the peaceful possession and enjoyment of the subject property of the petitioner. If at all the respondents intend to interfere with the peaceful possession and enjoyment of the subject land of the petitioner, they would follow due process of law. 6. It is settled proposition of law that, when the petitioner is in settled possession and enjoyment of the subject property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “RameGowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, 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. 12004 (1) SCC 769 5 Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:08.07.2025 BSP 6 76 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16289/2025 Date:08.07.2025 BSP