APHC010668662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34442/2025 Between: 1. VERGAMREDDI RANGAMMA,, W/O. SUBBA REDDY, AGED ABOUT 78 YEARS, R/O. SAMBEPALLI VILLAGE, SAMBEPALLI MANDAL, ANNAMAIAH DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAIAH DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY, ANNAMAIAH DISTRICT. 4. THE TAHSILDAR, MANDAL REVENUE OFFICE, SAMBEPALLI MANDAL, ANNAMAIAH DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This 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 the action of the Respondent No.2 to 4 in threatening to dispossess the Petitioner from the property admeasuring Ac.3.81 cents in Sy.No. 120/3 and 120/5 situated at Sambepalli Village, Sambepalli Mandal, Annamaiah District as illegal arbitrary, unreasonable, de/7ors jurisdiction and contrary to the Articles 14, 21 and 300-A and the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rules made there under besides being violative of Principles of Natural Justice and to consequently restrain the Respondents from interfering with the peaceful possession and enjoyment of the petitioner's herein over the property admeasuring Ac.3.81 cents in Sy.No.120/3 and 120/5 situated at Sambepalli Village, Sambepalli Mandal, Annamaiah District…” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioner submits that the subject land was assigned in favour of the husband of the petitioner by way of a DKT patta in the year 1997. After the demise of her husband, the petitioner has been in peaceful possession and enjoyment of the subject land, and her name has also been mutated in the revenue records. While so, the respondents are attempting to interfere with the petitioner’s peaceful possession and enjoyment of the subject property. Hence, the present writ petition. 4. On the other hand, the learned Government Pleader for Revenue appearing for the respondents has furnished written instructions dated 09.12.2025 issued by the Tahsildar/4th respondent, wherein it is stated that the respondent authorities are neither interfering with the petitioner’s peaceful possession and enjoyment of the subject property nor seeking to dispossess her from the subject property. 5. 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’s 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, she 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. 1 2004 (1) SCC 769 However, if they intend to take any action against subject property of the petitioner, they shall follow due procedure as contemplated under the law. 6. With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions pending if any, shall stand closed. ________________________ JUSTICE D. RAMESH 10.12.2025 klk 215 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.34442 of 2025 10.12.2025 kkllkk