APHC010222032020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14615/2020 Between: 1. AVALA KONDALA RAO., S/O. AVALA APPARAO AGED ABOUT 60 YEARS, OCC.AGRICULTURE HOUSE NO. 4-22,SUNDARAIAH COLONY GAJUWAKA MANDAL VISAKHAPATNAM DISTRICT. A.P. 2. AVALA LAKSHMI,, W/O. KONDALA RAO. AGED ABOUT 47 YEARS, OCC.HOUSE WIFE HOUSE NO. 4-22,SUNDARAIAH COLONY GAJUWAKA MANDAL VISAKHAPATNAM DISTRICT. A.P. ...PETITIONER(S) AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND PRJ WING, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM VISAKHAPTNAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM VISAKHAPTNAM DISTRICT. 4. THE TAHSILDAR, GAJUWAKA MANDAL VISAKHAPATNAM DISTRICT. 5. THE PANCHAYAT RAJ SECRETARY, DUVVADA VILLAGE, GAJUWAKA MANDAL VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ Order or orders, or Direction more one in the nature of Writ of Mandamus declaring the action of the respondents in resorting to dispossess the petitioner from his residential Plot though the proposal for allotment of house Plots No. 96, for an admeasuring 251-33 Sq. Yards/ 209-873 Sq. Meters in Sy. Nos. 103,104 and 125/1 and Plot No. 93, for an admeasuring 251-33 Sq. Yards/ 210-14 Sq. Meters in Sy. Nos. 104/1,2 and 125/1 Situated in R.A Colony, Duvvada Village, Gajuwaka Mandal, Visakhapatnam District on payment of market value are pending before the 2nd respondent is highly illegal, arbitrary and violation of Art. 14, 21, 300(A) of Constitution of India and consequently direct the respondents not to dispossess the petitioners from their house Plots No. 96, for an admeasuring 251-33 Sq. Yards/ 209- 873 Sq. Meters in Sy. Nos. 103,104 and 125/1 and Plot No. 93, for an admeasuring 251-33 Sq. Yards/ 210-14 Sq. Meters in Sy. Nos. 104/1,2 and 125/1 Situated in R.A Colony, Duvvada Village, Gajuwaka Mandal, Visakhapatnam District and pass IA NO: 1 OF 2020 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 pleased to direct the respondents not to dispossess the petitioners from their house Plots No. 96, for an admeasuring 251-33 Sq. Yards/ 209-873 Sq. Meters in Sy. Nos. 103,104 and 125/1 and Plot No. 93, for an admeasuring 251-33 Sq. Yards/ 210-14 Sq. Meters in Sy. Nos. 104/1,2 and 125/1 Situated in R.A Colony, Duvvada Village, Gajuwaka Mandal, Visakhapatnam District and pass Counsel for the Petitioner(S): 1. VENKATESWARLU GADA Counsel for the Respondent(S): 1. I KOTI REDDY The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14615/2020 O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in dispossessing the petitioner from their house Plot Nos. 96, for an extent of 251-33 Sq.yds/ 209-873 Sq. Meters in Sy.Nos.103, 104 and 125/1 and Plot No.93, for an admeasuring 251-33 Sq.Yards/ 210-14 Sq. Meters in Sy. Nos.104/1, 2 and 125/1 Situated in R.A Colony, Duvvada Village, Gajuwaka Mandal, Visakhapatnam District on payment of market value as highly illegal and arbitrary. 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondent authorities not to dispossess the petitioners from their respective subject properties without following due process of law. 4. Learned Government Pleader appearing for the respondents submits that, if the petitioners are in possession of their respective subject properties, the respondents would follow due process of law and requested to pass appropriate orders. 5. When the petitioners are in settled possession and enjoyment of their respective subject properties, the petitioners cannot be dispossessed, without 4 following due process of law in view of the law declared by the Apex Court in “RameGowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioners are in possession of their respective subject properties, the respondents are directed not to dispossess the petitioners from the subject properties, except by due process of law. 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:19.09.2025 BSP 12004 (1) SCC 769 5 537 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:14615/2020 Date:19.09.2025 BSP