::1:: APHC010601052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31024/2025 Between: 1.GALUGU RAVEENDHRA, S/O SUBBAYYA, AGED ABOUT 40 YEARS, C/O 0, DEVISHETTYPALLI, SEETHARAMAPURAM MANDAL, NELLORE, ANDHRA PRADESH-524310. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, SPSR NELLORE, ANDHRA PRADESH. 3.THE JOINT COLLECTOR, SPSR NELLORE, ANDHRA PRADESH 4.THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE, ANDHRA PRADESH4. 5.THE TAHSILDAR, KOTTAPALLI VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE, ANDHRA PRADESH 6.THE VRO, VILLAGE REVENUE OFFICER, KOTTAPALLI VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE, ::2:: ANDHRA PRADESH 7.THE SHO STATION HOUSE OFFICER, KOTTAPALLI VILLAGE SEETHARAMAPURAM MANDAL, SPSR NELLORE, ANDHRA PRADESH. ...RESPONDENT(S): ::3:: This Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: “to issue a Writ, Order, or Direction, particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents, in making efforts to dispossess and interfere with the peaceful continuous physical enjoyment property of the petitioner i.e., to an extent of AC. 4.33 cents in sy.no.234-2 of as illegal, irregular, arbitrary, and in violation of Articles 14, 19, 21, and 300-A of the Constitution of India, and also contrary to the principles laid down by the Honble Supreme Court in Rame Gowda V. M. Varadappa Naidu, 2003 Lawsuit (SC) 1248 and Consequently, the petitioner prays that this Honble Court may be pleased to direct the respondents not to interfere with the petitioners peaceful possession and enjoyment of the property extent of AC.4.33 cents in sy.no.234-2 of Kothapalli Villege, Seetharamapuram Mandal, SPSR Nellore, Andhra Pradesh and to pass…” 1. The learned counsel for the petitioner requested this Court to issue a direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property, without following due process of law. 2. Learned Assistant Government Pleader for Respondents, admitted that the petitioner is in continuous possession of subject land and the ::4:: respondents’ authorities would follow due process of law and requested to pass appropriate orders in accordance with law. 3. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the peaceful possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1, when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property. However, if they intend to take any action against subject property of the petitioner, they shall follow due procedure as contemplated under the law. 1 2004 (1) SCC 769 ::5:: 4. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. ________________________ JUSTICE D. RAMESH Dt:21.11.2025 klk ::6:: THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION No.31024 of 2025 Dt:21.11.2025 klk 179