IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF TWO THOUSAND AND TWENTY FIVE ^ PRADESH :: AMARAVATI MAYi/ PRESENT VENKATESWARLU NII\)fMAGADDA the honourable SRI JUSTICE WgilPETITION NO: 1170^ op 2025 Between: Bommavarapu Maheswari Malkapuram Village, Eluru District). W/o. Babu, Aged 27 years, Occ Coolie, R/o. Mandal Eluru District (formerly West Godavari -.Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Government, Revenue DepartVtIent, Guntur District. 2. The District elector, Eluru District amuru District). Secretary to the Secretariat, Velagapudi, Amaravati, (formerly West Godavari 3. The Revenue Divisional Officer, Eluru Revenue Division (formerly West Godavari District). Eluru Mandal, Eluru District Eluru District 4. The Tahsildar, District). (formerly West Godavari 5. The Village Revenue District. Officer, Malkapuram age, Eluru Mandal and 6- Nallamilli Parades! Kumar, estate Business R/o. S/o. Sundar Rao, age 56 years, Occ real- Malkapuram Village, Eluru Mandal and District ...Respondents Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly more particularly respondent No.4 in insisting the petitioner to vacate her house si^ property admeasuring an extent of 72^q. Yards covered by S.No.356/1, Plot No.Tos situated Village of Eluru Mandal and District, at the instance illegal, irregular, irrational, violative of principles of any authority or sanction of law and offends Articles 14 at Malkapuram Revenue of 6 respondent as natural justice, without 21 and 300-A of respondents particularly in any manner with petitioner's peaceful possession and enjoyment over her said house site property Constitution of India and consequently direct the 4‘'^ respondent not to interfere i lA NO: 1 OF 2C\7R 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 the respondents particularly 4*^ respondent not to interfere in any manner with petitioner's peaceful enjoyment over her house sit^roperty admeasuring an extent of T1 Sq. Yards covered by S.No.356/1, Plot No.1^ situated at Malkapura Revenue Village of Eluru Mandal and District Writ Petition. possession and m pending disposal of the main v,-'- Counsel for the Petitioner: SMT. NIMMAGADDA REVATHy Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010220692025 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: 11794/202.^ Between: BommavarapuMaheswari, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ...RESPONDENT(S) / M THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11794/2025 O R D E R: This writ petition is filed under Article 226 of the Constitution of India to 1. issue a Writ of Mandamus declaring the action of the respondents, more particularly respondent No.4 in insisting the petitioner to vacate from her house site property admeasuring to an extent of 72 Sq.yds in Sy.No.356/1, Plot No.103 situated at Malkapuram Revenue Village, Eluru Mandal and District without following due process of law as illegal and arbitrary; consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 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 interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. Learned Government Pleader for Revenue submits that, if the petitioner in possession of the subject property, the respondents would follow due 2. 3. 4. IS process of law and requested to pass appropriate orders. 5. When the petitioner is in settled possession and enjoyment of the property, the petitioner 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. petitioner is in possession of the subject property, the respondents directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. . Therefore, if the are 6. Consequently, miscellaneous petitions pending, if any, shall also stand closed. T 2004 (1)SCC 769 Sd/- M. PRABHAKAR RAO assistant registrar //TRUE COPY// 0^ SECTION OFFICER 1. The Principal Secretary to the Government, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. To, 2. The District Collector, Eluru Distrct at Eluru (formerly West Godavari District). 3. The Revenue Divisional Officer, Eluru Revenue Division, Eluru District (formerly West Godavari District). 4. The Tahsildar, Eluru Mandal, Eluru District (formerly West Godavari District). 5. The Village Revenue Officer, Malkapur^rn Village, Eluru Mandal and District. 6. Nallamilli Paradesi Kumar, S/o. Sundar Rao, age 56 years, Occ real- estate Business R/o. Malkapuram Village, Eluru Mandal and District 7. One CC to SMT. NIMMAGX^DA REVATHI, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies sree HIGH COURT DATED:06/05/2025 \ ORDER WP.No.11794 of 2025 [ 3 0 JUL 2025 ^^^4jirrentSectio|iX'i^ P9‘ disposing of the w p WITHOUT COSTS