IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RA WRIT PETITION NO: 31284 OF 2024 Between; K. S. Mahamood Basha, S/o Gouse Mohiddin @ K.S.Abdul Karim Saheb Aged about 48 years, Residing at D.No.6/80, Marripadu village and post Gurramkonda Mandal, Annamayya District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary for Revenue, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Rayachoti District, RAYACHOTI. 3. The Joint Collector, Rayachoti District, RAYACHOTI. 4. The Sub Collector, MADANAPALLE, Chittoor District. 5. The Tahsildar, Vayalpad Mandal, VAYALPAD, Chittoor District. 6. The Execution Officer, C/o Panchayath Secretary, Vayalpad @ Valmikipuram Gram Panchayath, Valmikipuram Mandal, Annamayya District. ...RESPONDENTS 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 6 as illegal, by directing the respondents not to interfere into the writ petitioner's peaceful possession and enjoyment over the subject land viz., the schedule property, Annamayya District (Erstwhile Chittoor District) - Vayalpad Sub District - Annamayya District (Erstwhile Chittoor District) r' f* Parishad - Vayalpad Mandal - Vayalpad Gram Panchayath - Vayalpad Village - Ward No.8 - Kothapeta Street, Tirupati Road - Segment No.5 - Sy.No.1364-A, Sircar Dry an extent of Ac.0.47 cents Paiki Ac.0.^^%% cents or 0.047 Hectors or 568.7 Sq. Yards bounded by East Land of Gulab John, West Land of S.Riyaz ana S.Shameer Basha, North Tirupati- Madanapalle Road, South Railway Land - Full, A.C. sheet roofing construction with Electricity Service Connection No.572110000684 3. lA NO: 1 OF 2024 Ffetition 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 Nos.2 to 6 to stop the illegal high handed activities of the Respondents 2 to 6, relating to the petitioner's peaceful possession and enjoyment over the subject land viz., the schedule property, Annamayya District (Erstwhile Chittoor District) - Vayalpad Sub District - Annamayya District (Erstwhile Chittoor District) Parishad - Vayalpad Mandal - Vayalpad Gram Panchayath - Vayalpad Village - Ward No.8 - Kothapeta Street, Tirupati Road - Segment No.5 - Sy.No.1364-A, Sircar Dry an extent of Ac.0.47 cents Paiki Ac.0.1iy4% cents or 0.047 Hectors or 568.7 Sq. Yards bounded by East; Land of Gulab John, West: Land of S.Riyaz and S.Shameer Basha, North: TirupatkMadanapalle Road, South; Railway Land - Full, A.C. sheet roofing construction with Electricity Service Connection No.5721100006843 pending disposal of the above writ petition. Counsel for the Petitioner; SRI KHALANDERBASHA KHAZISYED Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER r APHC010599902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3328] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31284/2024 Between: K.S.Mahamood Basha ...PETITIONER AND The State of AP and others Counsel for the Petitioner: 1.KHALANDERBASHA KHAZISYED Counsel for the Respondent(S): 1.GP FOR REVENUE ...RESPONDENT(S) The Court made the following order: 2 0 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.31284 of 2024 ORDER: In shorn of all the facts of the case, the present writ petition is filed seeking a direction to the respondents, more particularly, respondents 2 to 6, by declaring their action as illegal, not to interfere into the writ petitioner’s peaceful possession and enjoyment over the subject land viz., the schedule property, A.C sheet roofing construction with Electricity service connection No.57211000006843 situated at Annamayya District (erstwhile Chittoor District) Vayalpad Sub-District- Annamayya District (erstwhile Chittoor District) Parishad-Vayalp ad Mandal-Vayalpad Gram Panchayat-Vayalpad Village-Ward No.8- Kothapeta Street, Tirupati Road-Segment No.5-Sy.No.1364-A, Sircar Dry an extent of Ac.0.47 cents Paiki Ac.0.11 % cents or 0.047 hectors or 568.7 square yards bounded by East:Land of Gulab John, WestiLand of S.Riyaz and S.Shameer Basha, North; Tirupati- Madanapalle Road, South:Railway Land. 2. It is settled principle of law that a person in settled possession cannot be dispossessed forcibly except by following due process of law as established by law. Principles of natural justice are those which have been laid by the Courts are being minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by the authority, which making an order affecting those rights. These rules are intended 3. 3 to prevent such authority from doing injustice. Natural justice is deeply rooted in tradition and conscience to be ranked as fundamental. The purpose of following the principle of natural justice is the prevention of miscarriage of justice. It also violates the principle of fair play and natural justice as well, the opportunity of hearing is not shunned under any of the laws. Therefore, the respondents are hereby directed to follow the due process of law as established by law before dispossessing the petitioner from the subject land. Till such time, the respondents hereby directed not to take any coercive steps against the subject land of the petitioner. 4. are 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. i Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary for Revenue, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Rayachoti District, RAYACHOTI. 3. The Joint Collector, Rayachoti District, RAYACHOTI. 4. The Sub Collector, Madanapalle, Chittoor District. 5. The Tahsildar, Vayalpad Mandal, VAYALPAD, Chittoor District. 4 <s» ■y 6. The Execution Officer, C/o Panchayath Secretary, Vayalpad @ Valmikipuram Gram Panchayath Valmikipuram Mandal, Annamayya District. 7. One CC to Sri Khalanderbasha Khazisyed, Advocate [OPUC] 8. One CC to Sri M.Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. / i ssb Tf HIGH COURT DATED:03/01/2025 ^Tandh^ X 0 9 JAN 2025 ^ Current section PATCV^^ ORDER m C9 WP.No.31284 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS