IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11050 OF 2025 Between: 1. Pujari Narasamma, W/o. Lakshmanna, Aged about 50 years, Occ: House wife, R/o, 151/A, Peddakaduburu Village and Mandal Kurnool District. 2. Kori Narasimhulu, S/o. Lakshmanna, Aged about 52 years, Occ: Cultivation, R/o. Peddakaduburu Village and Mandal, Kurnool District. 3. Kori Linganna, S/o. Lakshmanna, Aged about 48 years, Occ; Cultivation, R/o. Peddakaduburu Village and Mandal Kurnool District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Sub-Collector, Adoni, Kurnool District. 4. The Tahsildar, Peedakadabur Mandal, Kurnool District. 5. The Peddakadabur Grama Panchayath, Rep. by its Panchayath Secretary, Peedakadabur Village, Peddakadabur Mandal, Kurnool 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 be pleased to issue order or direction more particularly in the nature of writ of mandamus declaring the action of the 4‘^ and S**" respondents in evicting may the petitioner land admeasuring 20x25 Square Yards each petitioner in Sy.No.258 Situated at Peddakadabur Village and Mandal, Kurnool District ■V ■ ■■ ' by to lay the road without following land acquisition proceedings is ilfegal, arbitrary, unjust, contrary to the provisions of the Right to Fair 'i Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and violative of principles of Natural Justice and violation of articles 14, 21 and 300-A of the Constitution of India. f 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 4**^ and 5*'^ respondents not to disposes or interfere the petitioners land admeasuring 20x25 Square Yards each petitioner in Sy. No. 258 situated at Peddakadabur Village and Mandal, Kurnool District. Counsel for the Petitioner: SRI KALE VIJAYA RAJU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5:SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010201472025 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: 11050/2025 Between; Pujari Narasamma ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.KALE VIJAYA RAJU The Court made the following: ORDER: 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 particuiarly one in the nature of Writ of Mandamus declaring the action of the 4th and 5th Respondents in evicting the petitioners land admeasuring 20><25 square yards each petitioner in sy.No.258 situated at Paddakadabur village and mandal, Kurnool district by proposing to lay the road without following land acquisition proceedings is illegal, arbitrary, unjust, contrary to the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and violative of articles 14, 21 and 300-A of the constitution of India and to pass such other order or orders...” Heard the learned counsel for the petitioner and the learned 1. Government Pleader for the respondents. During hearing, learned counsel for the petitioners, without touching the 2. 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. The learned Assistant Government Pleader for Respondents, admitted 3. 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. 4. It is settled proposition of law that when the possession and enjoyment of the property, the respondents % petitioners are in settled are not entitled to interfere with the possession and enjoyment of the petitioners and 1 such highhanded action of the respondents would amount to depriving the under Article 300-A of the petitioner’s constitutional right guaranteed 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, opportunity before taking in "Rame , when the possession and enjoyment of the property, they process of law. Therefore, the petitioners’ subject property, or undertake any construction activity in procedure as contemplated the petitioners are required to be afforded an appropriate action and in view of the law declared by the Apex Court Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by LRs.' petitioners are in settled cannot be dispossessed, without following due respondents are directed not to interfere with the However, if they intend to interfere the subject property, they shall follow the due under the law. 5. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, petition shall stand closed. if any, pending in the writ ^2004(1) see 769 i Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR SEeTION OFFieER //TRUE COPYII To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Sub-Collector,Adoni, Kurnool District. 4. The Tahsildar, Peedakadabur Mandal, Kurnool District. 5. The Panchayath Secretary, Peddakadabur Grama Panchayath, Peedakadabur Village, Peddakadabur Mandal Kurnool District 6. One CC to Sri Kale Vijaya Raju, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:30/04/2025 ORDER WP.No.11050 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS