IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10833 OF 2025 Between: N. Pradeep Reddy, S/o. Mallikarjuna Reddy, aged about 35 years, Occ- Agricuiture, R/o. Do.No.1-120, Ramagiri village, Pamidi Mandal and Ananthapuramu District ...PETITIONER AND 1. The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal Secretary. 2. The District collector, Ananthapuramu District 3. The Revenue Divisional Officer, Guntakal Mandal and Ananthapuramu District. 4. The Thasildar, Pamidi Mandal and Ananthapuramu District ...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 more particularly one in the % nature of Writ Of Mandamus, declaring the highhanded respondents in contemplating to dispossess the petitioner and lay petitioners land admeasuring action of the a road in an extent of Ac16.58cents out of Ac.25.76cents in Sy.No.49-D1 bearing LPM.No’s. 132 to 137 situated at Ramagiri Village, Pamidi Mandal, Anantapuramu District without following due process of law, as illegal, arbitrary, unjust and violative of Art. 14 and 300-A of the Constitution of India 21 and consequently direct the respondents not to dispossess the petitioner and lay a road petitioners land admeasuring an extent of Ac16.58cents out of Ac.25.76cents in Sy.No.49- D1 bearing LPM.Nos. 132 to 137 situated at Ramagiri Village, Pamidi Mandal, Anantapuramu. lA NO: 1 OF 2C)9R Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition pleased may be pleased to direct the the High Court may be respondents not to dispossess the petitioner and lay a road petitioner’s land admeasuring Ac16.58cents out of Ac.25.76cents i an extent of Sy.No.49-D1 bearing LPM.No s. 132 to 137 situated at Ramagiri Village, Pamidi Mandal, Anantapuramu pending disposal of the writ petition. in Counsel for the Petitioner: SRI. in Counsel for the Petitioner: SRI. P SRAVAN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: REDDY • • 1 • • V APHC010210602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10833/2025 [3329] Between: N. Pradeep Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P SRAVAN KUMAR REDDY 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 a writ order or direction more particuiarly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the respondents in contemplating to dispossess the petitioner and lay a road in petitioners land admeasuring an extent of Ac.16.58cents out of Ac.25.76cents in Sy.No.49D1 bearing LPM Nos.132 to 137 situated at Ramagiri Village Pamidi Mandal Anantapuramu District without following due process of law as illegal arbitrary unjust and violative of Art 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner and lay a road petitioners land admeasuring an extent of Ac16.58 cents out of Ac.25.76 cents in Sy.No.49D1 bearing LPM Nos.132 to 137 situated at Ramagiri Village Pamidi Mandal Anantapuramu and pass 2 2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from land, without following due process of law. his 3. The learned Assistant Government Pleader for Respondents, admitted that the petitioner is in continuous possession of subject land and the respondents’ authorities would follow due law and requested to pass appropriate orders in accordance with process of aw. 4. 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 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 LRs. v. M.Varadappa Naidu (Dead) by LRs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due of law. Therefore, the respondents are directed not to interfere with the petitioner’s subject property. However, if they intend to interfere or undertake any construction activity, they shall follow procedure as contemplated under the law. process the due 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if stand closed. any pending, shall 2004(1) see 769 Sd/- K. TATA RAO deputy registrar //TRUE COPYII \ SECTION OFFICER \ To 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The District collector, Ananthapuramu District 2. The Revenue Divisional Officer, Guntakal Mandal and Ananthapuramu District. 3. The Thasildar, Pamidi Mandal and Ananthapuramu District 4. One CC to Sri. P Sravan Kumar Reddy, Advocate [OPUC] 5. Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies vna HIGH COURT DATE0:28/04/2025 ORDER WP.No.10833 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS