APHC010602172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31452/2024 Between: Medicherla Lakshmi Narasimha Rao ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.31452 of 2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents herein in interfering with the possession and enjoyment of the Petitioner in an extent of Ac.1.00 Cents, bearing D.No.1-129/3 of Kummara Purugu South Village, Mogalturu Mandal, West-Godavari District, A.P, without issuing any notice, without following due process of law, as wholly illegal, arbitrary, unjust, untenable, without jurisdiction, contrary to principles of natural justice, besides being violative of Article 14, 21 and 300- A of Constitution of India and consequently directed the respondents herein not to interfere with the Petitioner’s possession and to pass such other order or orders as this Hon’ble Court deemed fit and proper in the circumstances of the case.” 2. It is the case of the petitioner herein that the petitioner is in possession and enjoyment of the property in door No.1.129/3 of Kummara Purugu South Village, Mogalturu Mandal, West-Godavari District and he also obtained license to run hotel in the said premises and the revenue department has also admitted the hotel. Despite the same, the respondent authorities are trying to dispossess the petitioner from the schedule property, without following the due procedure as established by law. 3 3. It is well settled principle of law that even a trespasser cannot be evicted without following the due process of law as held by the Hon’ble Apex Court in the catena of judgments, hence, this Court is inclined to dispose of this writ petition with a direction to the respondents 2 and 3 herein not to take any coercive steps against the possession of the petitioner over the subject property, without following the due procedure as established by law. 4. 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. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 09.01.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 31452 of 2024 Date : 09.01.2025 SPP