^ f , > ~v [3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY .THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10747 OF AMAR o o m ■'3 rC H T 'w' Between: 1. KangaruH^^allamma. W/o Kangaru Lakshmanna , Aged about 45 years, R/o 3/17, SC Colony, Jalimanchi Village, Adoni Mandal, Kurnool District, Andhra Pradesh. 2. Harijana LaR^fimi, W/o Harijana Purushotham, 3/17, SC Colony, Jalimanchi^Village, Adoni Mandal Andhra Pradesh. 3. Kangaru Sushila, W/o Kangaru Usheni, Aged about 30 SC Colony, Jaliman^i Village, Adoni Mandal, Kurnool Pradesh. 4. Kangaru Lakshmanna, S/o AHayya, Aged about 90 Colony, Jalimanchi^illage, Adoni Mandal Pradesh. Aged about 35 years R/o Kurnool District, years, R/o 3/17, District, Andhra years. R/o 3/17, SC Kurnool District, Andhra ...PETITIONERS AND i K 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Revenue Divisional Officer, Adoni MaWal, Kurnool District, Andhra Pradesh. 3. . The Tahsildar, Adoni Mandal, Kurnool District, Andhra Pradesh. 4. . The Mandal Surveyor, Adoni Mandal, Kurnool District, Andhra Pradesh. 5. Kangaru Lhfgappa, S/o Narasimhulu, Aged about 35 years, R/o 1/23, S.C Colony, Jalimanchi Village, Adoni Mandal, Kurnool District, Andhra Pradesh. 6. Kulluru Narsappa, S/o Durgappa, Aged about 35 years, S.C Colony Jalimanchi Vill^e, Adoni Mandal, Kurnool District, Andhra Pradesh. 7. . Kangaru Anand, S/o Narasimhulu, Aged about 40 years, S.C Colony, Jalimanchi \Mage, Adoni Mandal, Kurnool District, Andhra Pradesh ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction in declaring the action of Respondent Nos.2 to 4 in threatening to dispossess the Petitioners from their House site admeasuring to an extent of Ac.0.07 cents, i.e., 17x60 feet each situated in Sy No. 41/^in Jalimanchi Village, Adoni Mandal, Kurnool District, Andhra Pradesh with Boundaries North - K.Mallamma land. South - K.Mallamma land, West- Ambedkar circle and East - Pedhaerappa without conducting survey pursuant to Petitioners application dated 03.0^025 at the behest of Respondent No.5 to 7 as per se illegal, manifestly arbitrary, without / ' • • 1 • • • • X • • SAPHC010202312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10747/2025 Between: ...PETITIONER(S) Kangaru Mallamma and Others AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S): I.Dondappagari Sai Siddi Srikhar Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: This writ petition is filed under Article 226 of the Constitution 1. of India seeking the following relief; “ to issue a Writ of Mandamus or other appropriate writ order or direction in declaring the action of Respondent Nos. 2 to 4 in threatening to dispossess the Petitioners from their House site admeasuring to an extent of Ac.0.07 cents i e 17x60 feet each situated in Sy No.41/5 in Jalimanchi Village Adoni Mandal Kurnool District Andhra Pradesh with 2 Boundaries North K Mallamma land South K Mallamma land West Ambedkar circle and East Pedhaerappa without conducting survey pursuant to Petitioners application dated 03.03.2025 at the behest of Respondent Nos. 5 to 7 as perse illegal manifestly arbitrary without jurisdiction unreasonable and violative of Articles 14 21 and 300A of Constitution of India and to consequently direct Respondents to not dispossess the Petitioners from their House sites admeasuring to an extent of Ac.0.07 cents i e 17x60 feet each situated in Sy No.41/5 in Jalimanchi Village Adoni Mandal Kurnool District Andhra Pradesh process of law and/or pass..." During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their lands, without following due process of law. Learned Assistant Government Pleader for Respondents, submitted that if the petitioners are in continuous possession of subject land and the respondents’ authorities would follow due process of law and requested to pass appropriate orders in accordance with law. 2. 3. 4. It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the respondents gre not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioners’ constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Therefore, the respondents directed not to interfere with the peaceful possession and enjoyment of the petitioners’ subject property. However, if they intend to take any action against subject property of the petitioners, they shall follow the due procedure as contemplated under the law. With the above direction, the writ petition is disposed of. No are 5. costs. As a sequel, interlocutory applications if any pending, shall stand closed. //TRUE COPY// Sd/- M. PRABHAKAR RAO ASSISTANT REGI^RAR 2004 (.ij 5>CC SECTION OFFICER To, 1. The Principal Secretary, Revenue De|5artment,State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.[By Special Messenger] 2. The Revenue Divisional Officer, Adoni Mandal, Kurnool District, Andhra Pradesh. 3. The Tahsildar, Adoni Mandal, Kurnool District, Andhra Pradesh. 4. The Mandal Surveyor, Adoni Manctef, Kurnool District, Andhra Pradesh. 5. Kangaru Lingappa, S/o Narasimhulu, Aged about 35 years, R/o 1/23, S.C Colony, Jalimanchi Village, Adoni Mandal, Kurnool District, Andhra Pradesh. 6. Kullurul'Jarsappa, S/o Durgappa, Aged about 35 years, S.C Colony, Jalimanchi Village, Adoni Mandal, Kurnool District, Andhra Pradesh. 7. Kangaru Anand, S/o Narasimhulu, Aged about 40 years, S.C Colony, Jalimanchi Village, Adoni Mandal, Kurnool District, Andhra Pradesh.[2 TO 7 BY RPAD] 8. One CC to SRI. Dond^pagari Sai Siddi Srikhar Advocate [OPUC] 9. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] Three CD Copies^ 10. HIGH COURT DATED:05/05/2025 ORDER 2 9 JUL 2025 ''•Trent Sectio WP.No. 10747 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS