I IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGA^ WRIT PETITION NO: 11345 OF 2025 AMARAVATI Between: Pattan Akbar Basha, S/o. Pattan Rasheed Basha, Occ: Agriculture, Resident of D.No.2-1577, Venu Mahal and Mandal, Annamayya District. Aged about 35 years. Street, Piler Town ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer 4. The Tahsildar, Piler Mandal, Annamayya District. Rayachoty, Annamayya District. ...RESPONDENTS of India praying that in the circumstances stated in the affidavit fiied therewith, the High Court may be pleased to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the 4 Petition under Article 226 of the Constitution respondent in trying to evict the petitioner highhandedly from the Ac. 1.20 cents property admeasuring an extent of in Sy.No.1/4, situated in Filer village, Piler Mandal Annamayya District without following due highhanded and violation of Article process of law is illegal, arbitrary, 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere peaceful possession and eni with the enjoyment of the above mentioned property lA NO: 1 OF 2Q2fi 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 with the peaceful possession and enjoyment of the petitioner’s property admeasuring extent of Ac. 1.20 cents in Sy.No.1/4, situated in Piler Village, Piler Mandal, Annamayya District without following due disposal of the Writ petition before this Honourable Court. V- an process of law, pending Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER r APHC010230062025 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: 11345/2025 Between: ...PETITIONER Pattan Akbar Basha AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: ORDER: India This Writ Petition is filed under Article 226 of the Constitution of seeking the following relief: “to issue Writ or Direction especially one in the nature of Writ of Mandamus declaring the action of the 4th respondent in trying to evict the petitioner highhandedly from the property admeasuring an extent of Ac. 1.20 cents in Sy.No.1/4, situated in Filer village, Filer Mandal, Annamayya District without following due process of law is illegal arbitrary highhanded and violation of Article 19 21 and 300A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the above mentioned property and to pass such other order or orders... ” Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 1. 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 his land, without following due process of 2. law. The learned Assistant Government Pleader for Respondents, submitted that if the petitioner is in continuous possession of the subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders in accordance with law. 3. It is settled proposition of law that when the petitioner is in settled 4. 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 directed not to interfere with the petitioner’s peaceful respondents are possession of the subject property and not to dispossess the petitioner without following due procedure as contemplated by law. 5. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. 2004 (1)SCC 769 Sd/-N. NAGAMMA assistant registrar SECTON^FFICER //TRUE COPY// To Principal Secretary, Department of Revenue, State of Andhra 1. The Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. Divisional Officer, Rayachoty, Annamayya District. 3. The Revenue 4. The Tahsildar, Piler Mandal, Annamayya District. 5. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 6. Two CCs to GP for Revenue, 7. Three CD Copies. ssb HIGH COURT DATED:30/04/2025 ORDER 2 7 MAY 2025 -m WP.No.11345of 2025 m i O DISPOSING OF THE W.P. WITHOUT COSTS