RC,J W.P.No.2738 of 2023 1 APHC010053772023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2738/2023 Between: 1. K RAMAKKA, W/O. K.CHENNAPPA, AGED ABOUT 68 YEARS, OCC.AGRICULTURE, R/O.D.NO.4-14, LAKKUNTA VILLAGE, RAGANIPALLE PANCHAYATH, PUNGANUR MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYATHRAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, , PALAMANER MANDAL, CHITTOOR DISTRICT. 4. THE TAHSILDAR, PUNGANUR MANDAL, CHITTOOR DISTRICT. 5. RAGANIPALLE GRAM PANCHAYATH, REP. BY ITS PANCHAYATH SECRETARY/EXECUTIVE OFFICER, PUNGANUR MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): RC,J W.P.No.2738 of 2023 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 tomay be pleases to issue an appropriate Writ, Order or direction more particularly one in nature of writ of mandamus declaring the action of the respondents No.4 and 5 in interfering with the petitioner rights over the land belong to the petitioner in an extant of Ac.1.14 Cents in Sy.No.82.5 of Lakkunta Village fields, Raganipalle Panchayath, Punganur Mandal, Chittoor District, stating that the same is required for public purpose without putting the petitione on notice or following due process of law as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles, apart from being violative of fundamental and Constitutional Rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.4 and 5 not to interfere with the petitioner rights over the land in an extant of Ac.1.14 Cents in Sy.No.82.5 of Lakkunta Village fields, Raganipalle Panchayath, Punganur Mandal, Chittoor District, without adhering to the procedure envisaged under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass such IA NO: 1 OF 2023 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 may be pleased to direct the respondents No.4 and 5 not to dispossess me from the land in and extant of Ac.1.14 Cents in Sy.No.82.5 of Lakkunta Village fields, Raganipalle Panchayath, Punganur Mandal, Chittoor District, without following due process of law pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. S PARINEETA Counsel for the Respondent(S): 1. S PARINEETA Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT RC,J W.P.No.2738 of 2023 3 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER The grievance of the petitioner is that respondent nos.4 and 5 are interfering with her possession and right over the land in an extent of Ac.1.14 cents of Lakkunta village fields, Raganipalle Panchayat, Punganur Mandal, Chittoor District, without following due process of law, stating that the same is required for public purpose. 2. Heard Ms.S.Parineeta, learned counsel for petitioner, Ms.Naga Chandrika, learned Assistant Government Pleader for Revenue, and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat. 3. Sri Y.Koteswara Rao, learned Standing counsel, on counter, and Ms.Naga Chandrika, learned Assistant Government Pleader, in one voice contended that the authorities had never interfered with the possession and enjoyment of the petitioner over the subject property and had never tried to evict her therefrom and in case the property is required for any public purpose, they would follow due process of law. The writ petition is meritless and the same deserves dismissal. RC,J W.P.No.2738 of 2023 4 4. Ms.S.Parineeta, learned counsel for the petitioner, prayed to record the submissions made by learned counsel for respondents and dispose of the writ petition. 5. It is fairly settled that any person including an encroacher cannot be dispossessed except under due process of law. In view of the submissions made by learned counsel for respondents that the authorities had never interfered with the possession and enjoyment of the petitioner over the subject property, this writ petition can be disposed of. 6. Accordingly, this writ petition is disposed of, directing the respondents not to interfere with the possession and enjoyment of the petitioner over the subject property, except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR