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2025 DAILYLAW 46293 (AP)

SETTIPALLI ANURADHA v. The State of Andhra Pradesh,

WP/28648/2025 · 2025-10-14

Venkateswarlu Nimmagadda

Public Interest Litigationbody2025

Judgment text

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.28648 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue Writ of Mandamus declaring the action of the Respondent Nos.2 to 4 in evicting the petitioner highhandedly from the property admeasuring an extent of 152.11 sq.yards in Sy.No.657/2A, situated in Bodumalluvaripalli Grampanchayat, Piler Mandal, Annamayya District without passing any order of acquisition of the petitioner’s property and also without following due procedure of law ……..” 2. The petitioner claims to have purchased land of an extent of 152.11 sq.yards in Sy.No.657/2A, situated in Bodumalluvaripalli Grampanchayat, Piler Mandal, Annamayya District vide Registered Sale Deed bearing Document No.804 of 2020 dated 29.02.2020 from one Mopuram Krishna Reddy and Mopuram Madan Mohan Reddy. The petitioner is in possession and enjoyment of the said property without any interruption whatsoever. The petitioner submits that, the respondents, more particularly, the 6th respondent are trying to interfere into the peaceful possession and enjoyment of the petitioner subject land. Questioning the action of the respondents, the present writ petition is filed. NV,J W.P.No.28648 of 2025 2 3. Learned Government Pleader for Revenue furnished written instructions issued by the Tahsildar, Piler Mandal, Annamayya District vide Roc No.A/287/2025 dated 15.10.2025, wherein it is stated that, on verification of the village accounts of Bodumalluvaripalle Village, as per A- Register, the land claimed by the petitioner situated in Sy.No.657/2 to an extent of Ac.4-65 is recorded as Government Dry and stands in the name TD No.200 Moore Basireddy, Sidda Reddy and Gurram Muni Reddy and requested to dismiss the writ petition. 4. However, 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 the land without following due process of law. 5. Learned Assistant Government Pleader for Revenue submits that, in the event the respondents propose to evict the petitioner, the respondents would follow due process of law and requested to pass appropriate orders. 6. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. NV,J W.P.No.28648 of 2025 3 7. When the petitioner is in settled possession and enjoyment of the property, she 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 dispossess the petitioner from the subject property, except by due process of law. 8. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 9. Learned Assistant Government Pleader for Revenue is specifically directed to inform the order of this Court to the respondents. 10. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:15.10.2025 SP 1 2004 (1) SCC 769 NV,J W.P.No.28648 of 2025 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 28648 OF 2025 Date:15.10.2025 W SP