::1:: APHC010531962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27530/2025 Between: 1. SMT. N.SAMPOORNA,, W/O. N. RAJENDER REDDY, AGED ABOUT 47 YEARS, OCC AGRICULTURE, R/O.H.NO.9-99/1, AMARAVATI NAGAR, MUTHYALAREDDY PALLI, TIRUPATI URBAN MANDAL, TIRUPATI, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , TIRUPATI DISTRICT, AT TIRUPATI. 3. THE DISTRICT PANCHAYAT OFFICER, TIRUPATI DISTRICT, AT TIRUPATI. 4. THE TAHSLLDAR, TIRUPATI RURAL MANDAL, TIRUPATI DISTICT. 5. CHIGURUWADA GRAM PANCHAYAT, REP. BY ITS EXECUTIVE OFFLCER-CUM- PANCHAYAT SECRETARY, CHIGURUWADA VILLAGE, TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT. ...RESPONDENT(S): 2 The Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly the respondents 4 and 5 in insisting the petitioner to vacate from the agricultural property to an extent ofAc.1.00 cents in Survey Nos. 162/5B, situated in Chiguruwada Southern Kandrika, Chiguruwada Village, Tirupati Rural Mandal, Tirupati District, situated in Chiguruwada Southern Kandrika, Chiguruwada Village, Tirupati Rural Mandal, Tirupati District, without following due process of law as illegal, irregular, irrational, unjust, colourable exercise of power, without any authority of law and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents, their agents, men not to interfere in any manner with the petitioner's peaceful possession and enjoyment over the agricultural property secured by compound wall to an extent of Ac.1.00 cents in Survey Nos. 162/5B, situated in Chiguruwada Southern Kandrika, Chiguruwada Village, Tirupati Rural Mandal, Tirupati District and to pass such...” 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 interfere with the peaceful possession and enjoyment of the petitioner’s subject property, without following due process of law. 3 3. Learned Assistant Government Pleader for Respondents, admitted that the petitioner is 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. 4. It is settled proposition of law that when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with the peaceful possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s 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 petitioner’s possession is illegal, still, the petitioner is 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 L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1, when the petitioner is in settled possession and enjoyment of the property, she cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the peaceful 1 2004 (1) SCC 769 4 possession and enjoyment of the petitioner’s subject property. However, if they intend to take any action against subject property of the petitioner, they shall follow due procedure as contemplated under the law. 5. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 07.10.2025 klk 5 10 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.27530 of 2025 07.10.2025 klk