[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY JHE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10174 OF 2025 Between: Shaik Adil, S/o Shaik Saida, Aged about 48 Years, Occ: Welding Work, R/o Door No.3-2, Lam Village, Tadikonda Mandal, Guntur District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, 2. The District Collector, Guntur District. 3. The Tahsildar, Tadikonda Mandal, Guntur 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 a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the 3'"^ Respondent in interfering with the possession of the Petitioners land admeasuring 3 cents is survey no. 199/A of Lam Village, Tadikonda Mandal, c Guntur District bounded by North; vacant land, West: eedga compound wall, East: Nandigam Ghakur, South; Jonnalagadda road without following due process of law as illegal, arbitrary and unconstitutional and consequently , direct the 3'"^ Respondent not to dispossess the Petitioner from land ' admeasuring 3 cents is survey no. 199/A of Lam Village, Tadikonda Mandal, ^ Guntur District bounded by North: vacant land. West: eedga compound wall. East: Nandigam Ghakur, South: Jonnalagadda road without following due process of law. 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 Writ Petition, the High Court may be pleased to direct the direct the 3"'^ Respondent not to dispossess the Petitioner from land admeasuring 3 cents is survey no. 199/A of Lam Village, Tadikonda Mandal, Guntur District bounded by North; vacant land. West: eedga compound wall. East: Nandigam Ghakur, South: Jonnalagadda road without following due process of law. Counsel for the Petitioner{s):SRI. SYED KHADER MASTAN Counsel for the Respondents: GP FOR REVENUE The Court made the following: 0 APHC010196352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10174/2025 Between: Shaik Adil ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SYED KHADER MASTAN Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following order; This Writ Petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the 3RDRespondent in interfering with the possession of the Petitioners land admeasuring 3 cents is survey no. 199/A of Lam Village Tadikonda Mandal Guntur district bounded by North vacant land West eedga compound wall East Nandigam Jonnalagadda road without following due process of law and unconstitutional and consequently direct the 3 Respondent not to dispossess petitioner from land admeasuring 3 cents is survey no. 199/A 3 199/A of Lam Village Tadikonda Mandat Guhtur North vacant land West eedga compound wall South Jonnalagadda road without following of law and be pleased to pass...” During hearing, learned counsel for the petitioner, without touching the 1. merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from his land, without following due process of law. The learned Assistant Government Pleader for Respondents, submitted 2. that, if the petitioner is 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 petitioner is in settled 3. 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 L.Rs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. Therefore, the 2004(1) see 769 respondents are directed not to dispossess the petitioner from his subject property, except by due process of law. With the above direction, the writ petition is disposed of. No costs. 4. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- G. SRINIVASA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. [By Special Messenger] 2. The District Collector, Guntur District. 3. The Tahsildar, Tadikonda Mandal, Guntur District. [2 TO 4 BY RPAD] 4. One CC to SRI. SYED KHADER MASTAN Advocate [OPUC] 5. TwoCCsto GP FOR REVENUE ,High Court ofAndhra Pradesh. [OUT] 6. Three CD Copies HIGH COURT DATED:23/04/2025 ORDER stand/?:? 2 5 JUN 2025 .r.ifTttnt Section^* WP.No.10174 of 2025 DISPOSING OFF THE WRIT PETITION WITHOUT COSTS