IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) a WEDNESDAY, THE FIFTH DAY OF FEBRUARY ff&j TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21744 OF 2024 N. oe n H'ih y Between: J.Tirupathamma, W/o. Yedukondalu, age 50 years, R/o. D.No. 26-38-13, AT Agraharam, Guntur, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. By its Secretary, Survey and Settlement Records (Revenue) Department, Secretariat, Amarvati, Guntur District 2. The Guntur Municipal Corporation, Rep. By its Commissioner, Guntur, Guntur District 3. H.Ravindra Babu ( Dismissed as per the Court's Order ), S/o. Kasiviswanadharao, age 55 years, D.No. 27-9-43, Kannavari thota, Guntur, Guntur District. (Writ petition is dismissed against the 3rd respondent as per the Court's Order dt.05.12.2024.) ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2""^ Respondent in interfering with the petitioners property in T.S.No. 39, 46 of Guntur town, Guntur district to an extent of 202 square yards covered by sale deed document NO. 1547/2022 without following due process of law is illegal, arbitrary and violative of principles of natural justice and Article 300- A of Constitution of India. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2""* Respondent not to interfere with the"petitioner’s property in T.S.No. 39, 46 of Guntur town, Guntur disfrict to an extent of 202 square yards pending disposal of the above writ petition. Counsel for the Petitioner :SRI. THOTA RAMAKOTESWARA RAO Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent No.2: SRI A S C BOSE, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.3: -- The Court made the following ORDER: APHC010425522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21744/2024 Between: ...PETITIONER J.tirupathamma, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: i ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in interfering with the petitioners property in T.S.No. 39, 46 of Guntur town, Guntur district to an extent of 202 square yards covered by sale deed document NO. 1547/2022 without following due process of law is illegal, arbitrary and violative of principles of natural justice and Article 300-A of Constitution of India and pass... ” The petitioner herein has purchased a property to an extent of 202 square yards from the 3'^ respondent (died) vide document No. 1547 of 2022 and since then, the petitioner has been in possession and enjoyment of the same. While so, the petitioner has submitted an application in FLR.No.628/2023 requesting the authorities to survey the property due to interference of the neighbours. But, the respondent authorities have not initiated any steps to conduct a survey in the subject property. 2. Pending the said survey, the staff of the respondent authorities have started interfering with the peaceful possession of the petitioner without issuing any prior notice. Aggrieved by the action of the respondents, particularly the 2"^ respondent in interfering with the petitioner’s property in T.S.No.39, 46 of Guntur town, Guntur district, the present writ petition is filed. 3. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and Mr. A.S.C. Bose, learned Standing Counsel for respondent No.2. 4. Today when the writ petition came up for hearing, learned Standing Counsel has pr(^Dced a copy of instructions of the 2"^^ respondent, denying the contention of the petitioner that the respondents are interfering 5. and are trying to dispossess the petitioner illegally from the subject property, the 2^^ respondent has submitted that no efforts were made as alleged by the petitioner and that if there is any such requirement, the authorities would follow the due process by issuing prior notice to the petitioner. During the course of arguments, learned counsel for the petitioner, though has raised several contentions has argued that the respondent authorities, without issuing any notice and without following due process of law, are trying to evict the petitioner from the subject property, which amounts to violation of principles of natural justice. It can be seen that the 2'^'' respondent has objected that they have not made any such efforts, as alleged by the petitioner to dispossess the petitioner from the subject property. Admittedly, the petitioner is in possession and enjoyment of the subject property. When the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in Rame Gowda (dead) by L.R.s. v. M. Varadappa Naidu (Dead) by LRs\ 6. 7. 8. In view of the above submissions, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the petitioner’s possession over the property admeasuring 202 square yards in T.S.No.39, 46 of Guntur town and District, without following due process of law. 2004(1) see 769 9. Accordingly, with the above direction, this writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. Sd/-K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Secretary, Survey and Settlement Records (Revenue) Department, State of Andhra Pradesh, Secretariat, Amarvati, Guntur District Guntur Municipal Corporation, Guntur, Guntur 2. The Commissioner, District 3. One CC to SRI. THOTA RAMAKOTESWARA RAO, Advocate [OPUC] 4. One CC to SRI A S C BOSE, SC FOR MUNICIPAL CORPORATION [OPUC] 5. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies PRK HIGH COURT DATED:05/02/2025 ORDER r WP.No.21744of2024 O X 0 6 MAR 2n« Current section DISPOSING OF THE W.P. WITHOUT COSTS