IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11138 OF 2025 Between: 1. Gujju Appala Narasamma, W/o. late Kanaka Reddy, Aged about 65 years, Occ; Household, R/o. Cherukupally Village, Bogapuram Mandal, Vizianagaram District - 531162, A.P. 2. Gujju Umadevi, W/o. Venkata Ramana, Aged about 58 years, Occ; Household, R/o. SC Colony, Kotha Cherukupally Village, Bogapuram Mandal, Vizianagaram District, A.P. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, 4*^ Block, Ground Floor, Room No.135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Vizianagaram - 535002, Vizianagaram District, Andhra Pradesh. 3. The Revenue Divisional Officer, Vizianagaram - 535002 Vizianagaram. District, Andhra Pradesh 4. The Tahsildar, Bhogapuram Mandal - 535216 Vizianagaram District, Andhra Pradesh ...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 particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities making efforts in dispossessing the petitioners from their land situated at Survey No.1/2 of extent Ac. 0-03 cents bounded on North. Government Hill, South. Cattle Shed of Majji Chinna Ramaswamy, East . Gujjudi Mahandevi Colony Site, West. Hill and Poramboke. with respect to the 1st petitioner and Survey No. 1/2 of extent Ac. 0-03 cents bounded on North. Government Hill occupied by Gujju Venkataramana, South. Cattle Shed of Majji Chinna Ramaswamy, East. Church, West. Land of Gujju Appalanarsamma respect to 2nd petitioner situated at Chittivalasa, Cherukupalli Village Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Hon'ble Apex court in the case of RAME GOWDA V/S M VARADAPPA NAIDU Citation. 2003 LawSuit (SC) consequently direct the respondents not to interfere into the with without 1248 and peaceful possession of the subject property situated at Survey No.1/2 of extent Ac. 0- 03 cents bounded on North. Government Hill, South. Cattle Shed of Majji ChinnaRamaswamy, East . Gujjudi Mahandevi Colony Site, West. Hill and Poramboke, with respect to the 1st petitioner and Survey No. 1/2 of extent Ac. 0-03 cents bounded on North. Government Hill occupied by Gujju Venkataramana, South. Cattle Shed of Majji Chinna Ramaswamy Church, West. Land of Gujju Appalanarsamma, East, with respect to 2nd petitioner situated at Chittivalasa, Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh except by following process of law. due lA NO: 1 OF 2025 Petition 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 not to interfere into the peaceful possession of the subject property situated at Survey No. 1/2 of extent Ac. 0-03 cents bounded on North; Government Hill, South; Cattle Shed of Majji West; Hill & Chinna Ramaswamy, East; Gujjudi Mahandevi Colony Site Poramboke, with respect to the 1st petitioner and Survey No. 1/2 of extent Ac. 0-03 cents bounded on North: Government Hill occupied by Gujju Venkataramana, South: Cattle Shed of Majji Chinna Ramaswamy, East: Church, West: Land of Gujju Appalanarsamma, with respect to 2nd petitioner situated at Chittivalasa, Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh except by following due process of law and pass order or orders in accordance with law, pending disposal of the writ petition may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: SRI K. GANI REDDY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER ::1:: the high court of ANDHRA I^UIal PRADESH ™ atamaravati BSS (Special Original Jurisdiction) TllFSDAY THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ^^JUSTICE VENKATESWARLU NIWIWIAGADDA WRIT PFTm^^M Kin-, 11138/2025 APHC010216292025 IN [3329] the honourable SRI ...PETITIONER(S) Between; Gujju Appala Narasamma ancH3thers ...RESPONDENT(S) The State Of Andhra Pradesh and Others . , . Counsel for the Petitioner(S). 1.KGANI REDDY Counsel for the Respondent(S). 1 GP FOR REVENUE rnadetheioliowing_QEDtR.- This Court Article 226 of the Constitution This writ petition is filed under of India seeking the following relief, o Writ Order or direction particularly one in the petitioners from their North Government Hill extent Ao.0.03 cents East South Cattle ° g (g f/^/gst Hill and Poramboke situated at Chittivalasa Andhra Pradesh without the Honble Apex court in the case or k/a/wc 1. 2 M VARADAPPA NAIDU Citation 2003 Law Suit SC 1248 and consequentiy direct the respondents not to interfere into the peacefui possession of the subject property situated at Survey No 1/2 of extent Ac 003 cents bounded on North Government Hill South Cattle Shed of Maiji ChinnaRamaswamy East GuJJudi Mahandevi Colony ^oramboke with respect to the 1st petitioner ^0.0.03 cents bounded on North Government Hill occupied by Gujju Venkataramana Ramaswamy, East Ghurch West Land of Gujju Appalanarsamma with respect to 2nd petitioner situated at Chittivalasa Cherukupalli Village Bhogapuram Mandal. Vizianagaram District Andhra Pradesh except by foliowing due process of lawand pass..." Site 2. During hearing, learned counsel for the touching the merits of the direction to the respondents not to dispossess their lands, without following due process of law. petitioners, without case, requested this Court to issue a the petitioners from 3. Learned Assistant Government Pleader admitted that the petitioners subject land and the respondents authorities process of law and requested to accordance with law. It is settled proposition of law that when the for Respondents, are in continuous possession of the would follow due pass appropriate order in 4. petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the the petitioners and such highhanded possession and enjoyment of action of the respondents 3 would amount to depriving the petitioners’ 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 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 the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.\ 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 interfere with the peaceful possession and enjoyment of the petitioners’ subject property without following due procedure as contemplated under the Law. With the above direction, the writ petition is disposed of. No a moment 5. costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR ^ 2004 (1) see 769 //TRUE COPY// SEC OFFICER To, 1 The Principal Secretary, Revenue Department. State of Andhra Ground Floor, Room No.135. A.P Secretariat th Block Pradesh, 4 Office, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh, - 535002, Vizianagaram District 2. The District Collector, Vizianagaram Andhra Pradesh. 3. The Revenue Divisional Officer, District, Andhra Pradesh 4. The Tahsildar, Bhogapuram Mandal Andhra Pradesh 5. One CC to Sri K. Gani Reddy, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra 7. Three CD Copies. Vizianagaram - 535002 Vizianagaram - 535216 Vizianagaram District, Pradesh. [OUT] ssb 4t ‘4 : ' i. HIGH COURT DATED;29/04/2025 ORDER WP.No.11138 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS