4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3716 OF 2025 Between: 1. G Peddakka, W/o late Veranarappa, age about 85 years, Occ Cultivation, R/o H.No.9/519, Sathya Sai Nagar, Pothukunta Village, Dharmavaram Mandal, Sri Sathya Sai District. 2. B.Sreenivasulu, S/o late Chinna Naganna, age 35 years, Occ Cultivation, R/o Kamireddypalli Village, Dharmavaram Mandal, Sri Sathya Sai District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Sri Sathya Sai District at Puttaparthy. 3. The Revenue Divisional Officer, Dharmavaram Revenue Division at Dharmavaram, Sri Sathya Sai District. 4. The Tahsildar, Dharmavaram Mandal at Dharmavaram, Sri Sathya Sai District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from the land to an extent of Ac.0-01 cent each vide Plot Nos.15 and 9, in Sy.No.395(P) and 396-1, situated at Pothukunta of Dharmavaram Town, Sri Sathya Sai / District, and trying to issue house site pattas to the 3rd parties, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners over the subject property to an extent of Ac.0-01 cent each vide Plot Nos.15 and 9, in Sy.No.395(P) and 396-1, situated at Pothukunta of Dharmavaram Town, Sri Sathya Sai District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 subject property to an extent of Ac.0-01 cent each vide Plot Nos. 15 & 9, in Sy.No.395(P) & 396-1, situated at Pothukunta of Dharmavaram Town, Sri Sathya Sai District. Counsel for the Petitioners :SRI. U RAMANJANEYULU Counsel for the Respondents: GP FOR REVENUE The Court made the following: • • 1 • • • • X • * APHC010066172025 !N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3716/2025 Between: G Peddakka and Others ...PETITIONER{S) ...RESPONDENT{S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.U RAMANJANEYULU Counsel for the Respondent{S): 1.GP FOR REVENUE This 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from the land to an extent of Ac 001 cent each vide Plot Nos.15 and 9 in Sy.No 395P and 3961 Dharmavaram Town Sri Sathya Sai District and trying to issue house site pattas to the 3rd parties as illegal arbitrary and violation of principles of natural justice and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners over the subject property to an extent of Ac 001 cent each vide Plot Nos 15 and 9 in Sy No 395P and 3961 Dharmavaram Town Sri Sathya Sai Districtand pass...” situated at Pothukunta of situated at Pothukunta of 2 During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their lands, without following due process of law. 2. Learned Assistant Government Pleader for Respondents 3. admitted that the petitioners are in continuous possession of subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders in accordance with law. It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of 4. the petitioners and such highhanded action of the respondents would amount to depriving the petitioner’s violating 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 petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by 3 the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs. when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to dispossess the petitioners from their property, except by due process of law subject to the possession of the subject property. 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. sy/- p VINOD KUWIAR assistANT^f^EGISTRAR OFFICER \\ //TRUE COPY// SECTl To, Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. District Collector, Sri Sathya Sai District at Puttaparthy. Divisional Officer, Dharmavaram Revenue Division at 1. The 2. The 3. The Revenue Dharmavaram, Sri Sathya Sai District. 4. The Tahsildar, Dharmavaram Mandal at Dharmavaram, Sri Sathya Sai District. 5. OneCCto 6. Two CCs to [OUT] 7. Three CD Copies SRI. U RAMANJANEYULU Advocate [OPUC] GP FOR REVENUE ,High Court Of Andhra Pradesh. HIGH COURT DATED:03/04/2025 ORDER =5 1! SEP 20» S ^ . Current Section ^ WP.No.3716 of 2025 o $JI DISPOSING THE WRIT PETITION WITHOUT COSTS