::1:: APHC010481832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 25327/2025 Between: 1. S NOWSHAD, S/O LATE S.MAHAMMAD KHASIM, AGED ABOUT 57 YEARS, OCC. AGRICULTURE, RESIDENT OF D.NO.3-21, SAROJANIDEVI STREET, LBS ROAD. FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, FILER MANDAL, ANNAMAYYA DISTRICT. 5. SRI SHAIK MOHAMMAD SAFIVULLA, S/O LATE SYED SAHEB, AGED BOUT NOT KNOWN, OCC. BUSINESS, RESIDENT OF D.NO.5-136, PEDDAMAZEED VEEDHI, FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. ::2:: 6. SRI M S REDDI BASHA, S/O LATE MS. MAHABOOB BASHA, AGED BOUT NOT KNOWN, OCC. BUSINESS, RESIDENT OF D.NO.6-120, NEHRU BAZAAR, FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...RESPONDENT(S): ::3:: This Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief: “to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the 4th respondent in interfering with the peaceful possession and enjoyment of the property admeasuring an extent of Ac.3.78 cents in Sy.No.666-1 and an extent of Ac. 1.20 cents in Sy.No.666-3, situated in Filer village and Mandal, Annamayya District which is the subject matter of D-Form pattas bearing Proceedings Nos. No.AM.732-4-71 and AM.794-4-71, dated 02-08- 1961 respectively without following due process of law and without considering the request made by the petitioner on 03-08-2024 is illegal, arbitraiy and unconstitutional and also violation of principles of natural justice and consequently direct the 4th respondent not to dispossess the petitioner from the above mentioned property and pass…” 1. During hearing, the learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property, without following due process of law. 2. 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:: 3. 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 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, he cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the peaceful 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. 1 2004 (1) SCC 769 ::5:: 4. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. ________________________ JUSTICE D. RAMESH Dt:21.11.2025 klk ::6:: THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION No.25327 of 2025 Dt:21.11.2025 klk 93