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2025 DAILYLAW 47930 (AP)

Chintapalli Venkata Subba Lakshmi v. The State of Andhra Pradesh

WP/18460/2020 · 2025-09-25

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.18460 OF 2020 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, declaring the action of the 4th respondent in interfering with the petitioner’s possession of Ac.0-15 cents out of Ac.0-45 cents in S.No.192/2 of Nagulapalli Village, U. Kothapalli Mandal, East Godavari District without issuing any notice, as illegal, arbitrary and consequently desist the respondents from interfering with the possession of Ac.0-15 cents out of Ac.0-45 cents in S.No.192/2 of Nagulapalli Village, U. Kothapalli Mandal, East Godavari District. 2. The petitioner claims to be the owner of land admeasuring an extent of Ac.0-15 cents out of Ac.0-45 cents in S.No.192/2 of Nagulapalli Village, U. Kothapalli Mandal, East Godavari District. The petitioner is in peaceful possession and enjoyment of the subject land without any interruption whatsoever. The petitioner submits that, the respondents are trying to interfere into the peaceful possession and enjoyment of the petitioner’s subject property. Questioning the action of the respondents, the present writ petition is filed. 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 dispossess the petitioner from his land without following due process of law. 2 4. Learned Government Pleader for Revenue and learned Standing Counsel for Respondent No.4 Nagulapalli Gram Panchayat 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. 5. Heard learned counsel for the petitioner, learned Government Pleader for Revenue, learned Standing Counsel for Respondent No.7 Mogaltur Gram Panchayat and perused the material available on record. 6. 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. 7. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 8. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:26.09.2025 SP 1 2004 (1) SCC 769 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.18460 OF 2020 Date:26.09.2025 W SP