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: 11270 OF 2025 / Between: G. Bharati, W/o G Raja Babu, Age About. 65 years, Occ. Housewife, R/o.- Plot No 179, Flat No 401, Sri Promod Residency, Sadhar Patel Nagar, Tirmulgiri, Hyderabad - 500 085 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Visakhapatnam District. Andhra Pradesh. 3. The Revenue Divisional Officer, BheemunipatnamRevenue Division, Dharapalem, Madhurawada, Visakhapatnam. Andhra Pradesh. 4. The Tahasildar, Visakhapatnam Rural Mandal, Dharapalem, Madhurawada, Visakhapatnam, Andhra Pradesh 5. The Panchayat Secretary, Pedagadila Gram Panchayat, Visakhapatnam Rural Mandal, Visakhapatnam. Andhra Pradesh. 6. The District Registrar, Madhurawada Sub- Registry Visakhapatnam, Andhra Pradesh. 7. The Sub - Registrar, Madhurawada Sub - Registry, Visakhapatnam, Andhra Pradesh. 8. Marika Chakravarthi, S/0 (Late) Appanna, Door No. 19-271, Krishnapuram, Near Medical City, Adjacent To Central Prison, VIA-Mudasariova, VISAKHAPATNAM, Visakhapatnam District. 9. Gedala Vijay Sekhar, S/o Lakshmi Ganeswara Rao Flat No.303, Suvarna Residence. Srinagar, Near RTC Complex , VISAKHAPATNAM, Visakhapatnam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order, writ or direction, one in the nature of writ of mandamus, declaring the high-handed action of the respondents in making attempts to disposes from the subject property purchased vide sale deed dt. 05.06.2006, i.e., the plot no 64 of an extent of 275 sq yards, which is a part of Sy no 7/1, new Sy no. 8/2 within approved layout, vide PR No 31 dt. 31.07.1972, approved by the Sarpanch, Pedagadila Gram Panchayat, Dharapalem Village, Hamlet of Mudusaralova, within the limits of Madhurawada Sub-registry of Greater Visakhapatnam Municipal Corporation without following procedure established by law and by further declaring that the highhanded action of the respondents, more particularly the said high handed action of staff and officers of official respondents in collusion with the 8th and 9 respondents, as illegal, arbitrary, unjust and violative of fundamental and constitutional rights guaranteed under the Constitution of India and consequently direct the official respondents not to dispossess without following due process of law to the petitioner herein. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be W'r P pleased to direct the respondents not to dispossess the petitioner herein from the subject property purchased vide sale deed dt. 05706.2006, i.e., the plot no 64 of an extent of 275 sq yards, which is a part of Sy no 7/1, new Sy no. 8/2 within approved layout, vide PR No 31 dt. 31.07.1972, approved by the Sarpanch, Pedagadila Gram Panchayat, Dharapalem Village, Hamlet of Mudusaralova, within the limits of Madhurawada Sub-registry of Greater Visakhapatnam Municipal Corporation without following due process of law pending disposal of the above writ petition. Counsel for the PetitionerSRI M SRI ATCHYUT Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI Y. KOTESWARA RAO (SC FOR GRAM PANCHAYAT) Counsel for the Respondents No.6,7: GP FOR STAMPS AND ^ REGISTRATION Counsel for the Respondents No.8,9; — The Court made the following: ORDER APHC010216182025 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: 11270/2025 Between: ...PETITIONER G Bharati AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MSRI ATCHYUT 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: 11270/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents in making attempts to disposes from the subject property purchased vide sale deed dated 05.06.2006 I.e., the plot No. 64 of an extent of 275 sq. yards which is a part of Sy.No.7/1 new Sy.No.8/2 within approved layout, vide PR No.31 dated 31.07.1972 approved by the Sarpanch, Pedagadila Gram Panchayat, Dharapalem Village, Hamlet of Mudusaralova, within the limits of Madhurawada Sub-registry of Greater Visakhapatnam Municipal Corporation without following procedure established by law and by further declaring that the highhanded action of the respondents more particularly the said high handed action of staff and officers of official respondents in collusion with the and respondents as illegal, arbitrary, unjust and violative of fundamental and constitutional rights guaranteed under the Constitution of India and consequently direct the official respondents not to dispossess the petitioner without following due process of law and pass such other order. ” 2. 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 subject property without following due process of law. \ 3 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents \A/ouid follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject 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 LRs. v. M.Varadappa Naidu (Dead) by L.Rs.^”. 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 following due process of law. 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 J RAJA BABU ASSISTANT REGISTRAR //TRUE COPYII SEeTtoN OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Visakhapatnam District. Andhra Pradesh. 3. The Revenue Divisional Officer, Bheemunipatnam Revenue Division, Dharapalem, Madhurawada, Visakhapatnam. Andhra Pradesh. The Tahasildar, Visakhapatnam Rural Mandal, Dharapalem, Madhurawada, Visakhapatnam, Andhra Pradesh The Panchayat Secretary, Pedagadila Gram Panchayat, Visakhapatnam Rural Mandal, Visakhapatnam. Andhra Pradesh. The District Registrar, Madhurawada Sub- Registry Visakhapatnam, Andhra Pradesh. The Sub - Registrar, Madhurawada Sub - Registry, Visakhapatnam, Andhra Pradesh. Marika Chakravarthi, S/0 (Late) Appanna, Door No. 19-271, Krishnapuram, Near Medical City, Adjacent To Central Prison, VIA-Mudasariova, VISAKHAPATNAM, Visakhapatnam District. 9. Gedala Vijay Sekhar, S/o Lakshmi Ganeswara Rao Flat No.303, Suvarna Residence, Srinagar, Near RTC Complex , VISAKHAPATNAM, Visakhapatnam District. 10. One CC to SRI. M SRI ATCHYUT, Advocate [OPUC] 11. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 12. TwoCCsto GP FOR STAMPS AND REGISTRATION, High Court of Andhra Pradesh. [OUT] 13. One CC to SRI. Y. KOTESWARA RAO, Advocate (SC FOR GRAM PANCHAYAT) [OPUC] 14. Three C.D.Copies 4. 5. 6. /. 8. /f nm HIGH COURT DATED:06/05/2025 ORDER WP.No.11270 of 2025 15 MAY 2075 ^ Current oecuon ^ NJ^fSPATCV'l^ a DISPOSING OF THE WP WITHOUT COSTS