APHC010060642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3141/2025 Between: Bayyapaneni Rajendra, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. A VARALAKSHMI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: O R D E R: 1. 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 dispossess the petitioner from his land without following due process of law. 2. Learned counsel appearing for the respondents, admitted that the petitioner is continuing in possession of his land and the respondents authorities would follow due process of law. He would also submit that the respondents are not interfering with the peaceful possession and enjoyment of the property of the petitioner. 3. In view of the submission made by learned counsel for the petitioner and learned Government Pleader for Revenue, when the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with their possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s violating 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 1 2004 (1) SCC 769 petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. 4. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 5. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:05.02.2025 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3141/2025 Date:05.02.2025 SP