APHC010227692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11313/2025 Between: Thota Eswaramma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 NV, J W.P.NO.11313 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11313/2025 O R D E R: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “ ... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering with the petitioners' agricultural lands admeasuring Ac 1.50 cents in Survey No.111-8p/N and 111-8p/H. situated in Teppalavalasa Village of Ranasthalam Mandal in Srikakulam District and further trying to dispossess the petitioners from their said lands, without following any known procedure established by law, as illegal, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners' peaceful possession and enjoyment of their said lands and pass...”(in verbatim) 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. 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/ evict the petitioners from his respective property without following due process of law. 4. Learned Government Pleader for the respondents furnished the written instructions dated 29.04.2025 issued by the 4th respondent, wherein it is stated as follows: “Though the respondents did not enter into the questioned lands and did not interfere with the 3 NV, J W.P.NO.11313 OF 2025 possession of the Petitioners; the Petitioners herein, having an apprehension that the assigned lands being non-occupied by them would be resumed to the Government by the respondents, raising several contentions with unclean hands by suppressing the material facts, which deserves no consideration. 11) It is respectfully submitted that the relief sought for by the Petitioners deserves no consideration and the Writ Petitions are liable to be dismissed on devoid of merits at the admission stage..” 4. When the petitioners are in settled possession and enjoyment of the property, the petitioners cannot be dispossessed, without following due process of law 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”. Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to evict/ dispossess the petitioners from the subject property, except by due process of law. 5. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Note:Issue C.C.by one (01) week B/o Date:30.04.2025 LSP 1 2004 (1) SCC 769 4 NV, J W.P.NO.11313 OF 2025 159 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11313/2025 Note:Issue C.C.by one (01) week B/o Date:30.04.2025 LSP