APHC010412472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21693/2025 Between: 1. MALLEPOGU ANVESH, S/O PEDDA YELLAIAH, AGED ABOUT 33 YEARS, R/O. D.NO. 3-42-A, S.C. COLONY, PATHAPETA, THANGADAMCHA VILLAGE, JUPADU BANGLOW MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETRAIT BUILDING, AMARAVATHI, NELAPADU, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, NANDYAL DISTRICT. (KURNOOL) 3. REVENUE DIVISIONAL OFFICER, ATMAKUR,NANDYAL DISTRICT. 4 4. THE TAHSILDHAR, JUPADU BANGLOW MANDAL, NANDYAL DISTRICT. 5. CIRCLE INSPECTOR, NANDIKOTKURU CIRCLE, NANDIKOTKURU NANDYAL DISTRICT. 6. THE SHO, JUPADU BANGLOW POLICE STATION, JUPADU BANGLOW, NANDYAL 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 topleased especially in the form of Writ of MANDAMUS by declare the action of the respondents No. 4 to 6 in interfering with my absolute peaceful possession and enjoyment of my property for an extent of Ac. 4.57 cents situated in Sy.No. 61-A2 of Thangadamcha Village, Jupadu Banglow Mandal, Nandyal District without following due process of law is illegal, arbitrary and un-just of Article 19, 21, violation of property right guaranteed under Article 300-A of constitution and consequently direct the respondents no. 4 to 6 not to interfere with my peaceful possession and enjoyment of my absolute property for extent of extent of Ac. 4.57 cents situated in Sy.No. 61- A2 of Thangadamcha Village, Jupadu Banglow Mandal, Nandyal District 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 no. 4 to 6 not to interfere with my peaceful possession and enjoyment of my absolute property for an extent of extent of Ac. 4.57 cents situated in Sy.No. 61-A2 of Thangadamcha Village, Jupadu Banglow Mandal, Nandyal District without following due process of law, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21693 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a writ order or direction more particularly a one in the nature of Mandamus by declare the action of the respondents No.4 to 6 in interfering with my absolute peaceful possession and enjoyment of my property for an extent of Ac.4.57 cents situated in Sy.No.61-A2 of Thangadamcha Village, Jupadu Banglow Mandal, Nandyal District without following due process of law is illegal, arbitrary and unjust of Article 19, 21, violation of property right guaranteed under Article 300-A of constitution and consequently direct the respondents no. 4 to 6 not to interfere with my peaceful possession and enjoyment of my absolute property for extent of extent of Ac.4.57 cents situated in Sy.No.61A2 of Thangadamcha Village, Jupadu Banglow, Mandal Nandyal District and pass such other order or orders…” 2. It is the pleading of the petitioner 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,1 a three-Judge Bench of the Hon’ble 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 trespasser. A rightful owner who has been wrongfully dispossessed of land may retake 1 (2004)1 SCC 769 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 Pradesh2, question cropped up before Hon’ble 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 others3, the Hon’ble 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, relevant portion is extracted hereunder: "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 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." 2 (1977) 1 SCC 188 3 (2004) 13 SCC 518 6. In the celebrated case of Maneka Gandhi vs. Union of India 4 , 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 petitioner should not be dispossessed except in accordance with the law, as held in Rame Gowda’s case (supra-1). 8. Accordingly, the Writ Petition is disposed of, directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property, except by following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 19.08.2025 TVN 4 AIR 1978 SC 25 111 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21693 OF 2025 Date: 19.08.2025 TVN