0APHC010224102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12055/2025 Between: Gorle Lakshmi, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NALLURI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12055/2025 O R D E R: 1. The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of respondents 1 to 5 herein trying to occupy and destroying, without giving any notice or any authority, the Cashew nut plantations existing in the dry land admeasuring Ac.5.00 cents in Tarluvada village, Anandapuram Mandal, Bheemuni Patnam Revenue Division, Visakhapatnam district belonging to the petitioner, obtained by way of D Patta DR.No.1583/1371 dated 23.06.1962, the same as illegal, arbitrary, violation of Article 14 and 300A of the Constitution of India consequentially stay of all further proceedings and to pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 4. Learned Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioner is in settled possession and enjoyment of the property, the petitioner 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 petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. 6. 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 Date:06.05.2025 BSP 12004 (1) SCC 769 183 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12055/2025 Date:06.05.2025 BSP