APHC010461962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24569/2025 Between: 1. PATTAN KHADAR BEE, W/O RATTAN AMEER JAN AGED ABOUT 62 YEARS, OCC- AGRICULTURE, R/O VEERAMPALLI VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT, AP. 2. SHAIK JANI BASHA,, S/O SHAIK MASTHAN SAHEB, AGED ABOUT 50 YEARS, OCC- AGRICULTURE, R/O VEERAMPALLI VILLAGE, MANUBOLU MANDAL, VADLAPUDI, SPSR NELLORE DISTRICT, AP. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT, AP. 3. THE JOINT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT, AP. 4. THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT, AP 5. THE TAHSILDAR, MANUBOLU MANDAL, SPSR NELLORE DISTRICT, AP ...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 to issue an appropriate Direction, Order or Writ in the nature of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from the respective assigned lands i.e. the Ac.0-96 Cents of dry land in Survey No.103/A1 with Assignment Patta F.Dis.No.66/1415, dated 05.06.2006 with Pattadar Pass Book Patta No.827 belonging to the 1st petitioner and the Ac. 1- 96 Cents of dry land in survey No.103/A1 with Assignment Patta 2 F.Dis.No. 65/1415, dated 05.06.2006 with Pattadar Pass Book Patta No.826 belonging to the 2nd petitioner, situated in Veerampalli Village, Manubolu Mandal of Nellore District, by interfering with their immemorial possession and enjoyment of the aforementioned lands, without considering the written explanation and the valid documents submitted to the notice dated 21-08-2025 issued by the office of the respondent No.3 and without following the manner of law as illegal, arbitrary, against the mandate of the law, principles of natural justice and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently directing the respondents not to interfere with the immemorial possession of the petitioners over the aforementioned lands belonging to the petitioners without following the due process of law 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 not to dispossess the petitioners from the lands that have been in possession and under the cultivation of the petitioners from time immemorial i.e. the Ac.0-96 Cents of dry land in survey No.103/A1 with Assignment Patta F.Dis.No.66/1415, dated 05.06.2006 with Pattadar Pass Book Patta No.827 belonging to the 1st petitioner and the Ac. 1-96 Cents of dry land in survey No.103/A1 with Assignment Patta F.Dis.No. 65/1415, dated 05.06.2006 with Pattadar Pass Book Patta No.826 belonging to the 2nd petitioner, situated in Veerampalli Village, Manubolu Mandal of Nellore District, pending disposal of the writ petition. Counsel for the Petitioner(S): 1. SANAGA ASHOK KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 24569 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Direction, Order or Writ in the nature of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from the respective assigned lands i.e. the Ac.0-96 Cents of dry land in Survey No.103/A1 with Assignment Patta F.Dis.No.66/1415, dated 05.06.2006 with Pattadar Pass Book Patta No.827 belonging to the 1st petitioner and the Ac.1-96 cents of dry land in survey No.103/A1 with Assignment Patta F.Dis.No. 65/1415, dated 05.06.2006 with Pattadar Pass Book Patta No.826 belonging to the 2nd petitioner, situated in Veerampalli Village, Manubolu Mandal of Nellore District, by interfering with their immemorial possession and enjoyment of the aforementioned lands, without considering the written explanation and the valid documents submitted to the notice dated 21-08-2025 issued by the office of the respondent No.3 and without following the manner of law as illegal, arbitrary, against the mandate of the law, principles of natural justice and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently directing the respondents not to interfere with the immemorial possession of the petitioners over the aforementioned lands belonging to the petitioners without following the due process of law and pass such other order or orders as this Court may deem fit and proper in the circumstances of the case”. 2. It is the pleading of the petitioners 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, reported in (2004)1 SCC 769, a three-Judge Bench of 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 4 possession he may even use reasonable force to keep out a trespasser. A rightful owner who has been wrongfully dispossessed of land may retake 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 Pradesh, reported in 1977(1) SCC 188, question cropped up before 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 others, reported in (2004) 13 SCC 518 the 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, to quote relevant portion: "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 5 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." 6. In the celebrated case of Maneka Gandhi vs. Union of India, AIR 1978 SC 25, 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 petitioners should not be dispossessed except in accordance with the law as held by the Rame Gowda’s case that the petitioners who are continue in such possession, they shouldn’t dispossess without being except in accordance with law. 8. Therefore, the Writ Petition is disposed of directing the respondents not to dispossess the petitioners, except following the due procedure as contemplated in law. No order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 15.09.2025 SPP 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 24569 OF 2025 Date: 15.09.2025 SPP