IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11202 OF 2025 Between: 1. Duggempudi Venkata Lakshmamma, W/o. D. Venkateswar Reddy. Aged 47 years, R/o. Obulakkapalli Village, Prakasam District. 2. Duggempudi Venkata Siva Sai Nikil Kumar Reddy, S/o. Late Srinivas Reddy Age 15 years, (minor) Rep. by his mother Duggempudi Sridevi, W/o Late Srinivas Reddy. Aged 43 years, R/o.Obulakkapalli Village Prakasam District. ...PETITIONERS AND 1. The State of AP, Represented by its Principal Secretary. Revenue Department (Land Acquistion), Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. 2. The District Collector, Ongole, Prakasham District. 3. The Competent Authority (Land Acquisition), Joint Collector Ongole, Prakasam District. 4. The Sub-Collector, Markapuram, Prakasam District. 5. The Revenue Divisional Officer (LA), Markapuram, Prakasam 6. The Tahsildar, Paddavaveedu Mandal, Prakassam District. & CALA, District. ...RESPONDENTS is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly Petition under Articie 226 of the Constitution of India one in the nature of Writ of Mandamus under Article 226 of the constitution of India by declaring the action of the respondents 2 to 6 in trying to dispossess petitioners from their land and property in an extent of 372.66 sq. mtrs. in Sy. No. 4/1A situated at Kunta Village, Thokapalli Grama Panchayat, Peddaraveedu Mandal, Prakasham District, without issuing any notice, without giving any opportunity to raise the objections, without following due process of law is illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and also violation of Articles 14, 19, 21 and 300A of the Constitution of India, apart from being contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation arid Resettlement Act, 2013 and the National Highways Act, 1956 and consequently direct the respondents not to interfere/dispossess the petitioners from their land/property in an extent of 372.66 sq. mtrs. in Sy. No. 4/1A situated at Kunta Village, Thokapalli Grama Panchayat, Peddaraveedu Mandal, Prakasham District without giving any opportunity. 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 respondent No.2 to 6 not to interfere with the property of the petitioners in an extent of 372.66 sq. mts. in Sy. No.4/1A situated at Kunta Village, Thokapalli Grama Panchayat, Peddaraveedu Mandal, Prakasam District, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI BUGULU SREETEJA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010225482O25 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) SES [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11202/2025 Between: Duggempudi Venkata Lakshmamma and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner{S): 1.BUGULU SREETEJA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11202/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- Jo issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 2 to 6 in trying to dispossess petitioners from their land and property in an extent of 372.66 sq. mtrs. in Sy. No. 4/1A situated at Kunta Village, Thokapalli Grama Panchayat, Peddaraveedu Mandal, Prakasham District without issuing any notice, without giving any opportunity to raise the objections, without following due process of law is illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and also violation of Articles 14, 19, 21 and 300-A of the Constitution of India apart from being contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the National Highways Act, 1956 and consequently direct the respondents not to interfere/dispossess the petitioners from their land/property in an extent of 372.66 sq. mtrs. in Sy.No. 4/1A situated at Kunta Village, Thokapalli Grama Panchayat, Peddaraveedu Mandal, Prakasham District without giving any opportunity and pass such other order. ” 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere/dispossess the petitioner ; \\ from the subject property without following due process of law. 3 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioners settled possession and enjoyment of the subject property, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. V. M.Varadappa Naidu (Dead) by LRs.'’”. Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to interfere and dispossess the petitioner from the subject property, except by following due process of law. are in 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. 1 2004(1) see 769 Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPYII S^TION OFFieER To, 1. The Principal Secretary. Revenue Department (Land Acquistion), Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. 2. The District Collector, Ongole, Prakasham District. 3. The Competent Authority (Land Acquisition), Joint Collector CALA, Ongole, Prakasam District. 4. The Sub-Collector, Markapuram, Prakasam District. 5. The Revenue Divisional Officer (LA), Markapuram, Prakasam District. 6. The Tahsildar, Prakassam CC to Sri Bugulu Sreeteja Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:06/05/2025 ORDER WP.No.11202 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS