D. Narayana Reddy, v. The State of Andhra Pradesh,
WP/3115/2025 · 2025-02-05
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6459 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6459 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010059942025
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: 3115/2025 Between: D. Narayana Reddy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. V VINOD K REDDY Counsel for the Respondent(S):
1. 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 and also requested this Court to direct the respondents to consider the representation dated 07.10.2024 pending with the authorities.
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 further submits that, the respondents authorities would pass appropriate orders on the representation, if any pending with them and requested to pass appropriate orders.
3. 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 petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law.
4. Further, Respondent No.4 is directed to consider the representation of the petitioner dated 07.10.2024 and dispose the same in accordance with law within four weeks from the date of receipt of copy of this order.
5. Till disposal of the representation of the petitioner, the respondents are
directed not to dispossess the petitioner from his property, except by due process of law.
6. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs.
7. Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:05.02.2025
SP
1 2004 (1) SCC 769
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3115/2025
Date:05.02.2025
SP