[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADOT^ WRIT PETITION NO: 12363 OF 2025 Between: Siripurapu Gowramma, W/o Siripurapu Venkata Ramana, Aged about 40 years, Occ. Business, R/o. Ambativalasa Village, Bondapalli Mandal, Vizianagaram District. ...Petitioner AND The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Vizianagaram District. The Executive Engineer (R &B), National Highways, Visakhapatnam The Revenue Divisional Officer, Vizianagaram Sub-division, Vizianagaram District. The Tahsildar, Bondapalli Mandal, Vizianagaram District The Ambativalasa Gram Panchayat, Ambativalasa Village, Bondapalli Mandal, Vizianagaram District Rep by its Panchayat Secretary 1. 2. 3. 4. 5. 6. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the Notice issued by the 5th respondent in Rc No. 05/2023/SA dated 28.04.2025 stating that they will remove the tiffin shop of the petitioner and other encroachments made in government land situated in Sy No. 71-30 to an extent of Ac 0.06 cents and Sy No. 71-31 may to an extent of Ac 0.01 cents of Ambativalasa Village, Bondapalli Mandal, Vizianagaram District by 06.05.2025 as illegal, arbitrary, against the principles of natural justice and abuse of process of law and set aside the same. 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 stay of all further proceedings including petitioner’s tiffin shop situated in Sy No. 71-30 to an extent of Ac 0.06 cents and Sy No. 71-31 to an extent of Ac 0.01 Village, Bondapalli Mandal, Vizianagaram District in pursuance of notice issued by 5^^ respondent in Rc No. 05/2023/SA dated 28.04.2025; Counsel for the Petitioner:SRI. TADDI NAGESWARA Counsel for the Respondents: GP FOR REVENUE : SRI YARRAGUNTA KOTESWARA RAO, STANDING COUNSEL demolition of cents of Ambativalasa RAO The Court made the following: 1 NV,J W.P.No.12363 of 2025 APHC010246022025 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: 12363/2025 Between: ...PETITIONER SiriDurapu Gowramma, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.TADDI NAGESWARA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 NV,J W.P.No.12363 of 2025 The Court made the following: 1. This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, claiming the following direction: To issue Writ of Mandamus or any other appropriate writ or direction declaring the Notice issued by the 5th respondent in Rc No. 05/2023/SA dated 28.04.2025 stating that they will remove the tiffin shop of the petitioner and other encroachments made in government land situated in Sy No. 71-30 to an extent of Ac 0.06 cents and Sy No. 71-31 to an extent of Ac 0.01 cents of Ambativalasa Village, Bondapalli Mandal, Vizianagaram District by 06.05.2025 as illegal, arbitrary, against the principles of natural justice and abuse of process of law and set aside the same” 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 her land without following due process of law. 3. Learned Assistant Government Pleader for Revenue submits that, the respondents would follow due process of law and requested to pass appropriate orders. ) 4. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. 3 NV,J W.P.No.12363 of 2025 When the petitioner is in settled possession and enjoyment of the 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 L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs. 5. 1 ” . Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from her subject property, except by following due t process of law. In the meanwhile, status quo shall be maintained by all the parties concerned with respect to the petitioner’s subject tiffin shop. 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. 7. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- Nl. SRINIVAS assistant //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh (BY SPECIALMESSENGER) 2. The District Collector, Vizianagaram District. 3. The Executive Engineer (R and B), National Highways, Visakhapatnam 4. The Revenue Divisional Officer, Vizianagaram Sub-division, Vizianagaram District. 5. The Tahsildar, Bondapalli Mandal, Vizianagaram District 6. The Panchayat Secretary, Ambativalasa Gram Panchayat, Ambativalasa Village, Bondapalli Mandal, Vizianagaram District. (Addressee Nos.2 to 6 BY RPAD) 7. One CC to SRI. TADDI NAGESWARA RAO Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 9. One CC to SRI YARRAGUNTA KOTESWARA RAO, Standing Counsel [OPUC] 10. Three CD Copies \ HIGH COURT DATED:06/05/2025 ORDER 5 ?! SEP 2025 "f Currvii SMciion WP. No. 12363 of 2025 dispossing the writ petitiion without COSTS