THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25412 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue Writ of Mandamus declaring the action of the Respondents in dispossessing the petitioner from subject land admeasuring Ac.1-38 cents in Sy.No.47/2 of Oleru Village, Bhattiprolu Mandal, Bapatla District without following due process as illegal, arbitrary and colourable exercise of power and against the principles of natural justice and violation of Articles 14, 15, 19(g), 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from the subject land admeasuring Ac.1-38 cents in Sy.No.47/2 of Oleru Village, Bhattiprolu Mandal, Bapatla District without following due procedure..” 2. The petitioner claims to have inherited land admeasuring Ac.1-38 cents in Sy.No.47/2 of Oleru Village, Bhattiprolu Mandal, Bapatla District from his ancestors. The petitioner is in peaceful possession and enjoyment of the subject land without any interruption whatsoever. The petitioner submit that, the respondents are trying to interfere into the peaceful possession and enjoyment of the petitioner subject land. Questioning the action of the respondents, the present writ petition is filed. NV,J W.P.No.25412 of 2025 2 3. Learned Government Pleader for Revenue furnished written instructions issued by the Tahsildar, Bhattiprolu Mandal, Bapatla District dated –Nil-, stating that the petitioner is not recorded as pattadar against the subject land. Though the petitioner has expressed his willingness to give ac.0-18 cents for burial ground, he has not executed any agreement or registered deed in favour of gram panchayat. The Tahsildar, Mandal Surveyor, Bhattiprolu and Village Revenue Officer, Oleru visited the land and fixed boundaries to the land of Ac.0-35 cents in the presence of Panchayat Secretary as per the gift deed. The Gram Panchayat has already constructed burial ground in the land. When the gram panchayat tried to construct a compound wall around the burial ground, the petitioner filed the writ petition with a malafide intention to obstruct the people from using this land as burial ground. 4. However, 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 land without following due process of law. 5. Learned Assistant Government Pleader for Revenue submits that, in the event the respondents propose to evict the petitioner, the NV,J W.P.No.25412 of 2025 3 respondents would follow due process of law and requested to pass appropriate orders. 6. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. 7. When the petitioner is in settled possession and enjoyment of the property, he 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. 8. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 9. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:24.09.2025 SP 1 2004 (1) SCC 769 NV,J W.P.No.25412 of 2025 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25412 OF 2025 Date:24.09.2025 W SP