APHC010069162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3970/2025 Between: Bejapu Appala Swami and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. N RAVI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3970/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “ to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in threatening to dispossess the petitioner from his respective D Form Patta lands covering Sy.No.36-1 (Ac.3.62 cents), Sy.No.41-1 (Ac.0.67 cents) and Sy.No.41-2 (Ac.0.26 cents) total extent Ac.4.55 cents, Kothavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District as illegal, arbitrary and contrary to Board Standing Orders and consequently direct the Respondent Nos.3 and 4 not to interfere with the Petitioners peaceful possession and enjoyment of the land in Sy.No.36-1 (Ac.3.62 cents), Sy.No.41- 1 (Ac.0.67 cents) and Sy.No.41-2 (Ac.0.26 cents) total extent Ac.4.55 cents, Kothavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District without following due process of law and to pass such other order or orders…” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that the father of petitioner No.1 was allotted D-Form patta on 14.09.1960 for the lands admeasuring to an extent of Ac.3.62 cents in Sy.No.36-1, Ac.0.67 cents in Sy.No.41-1 and Ac.0.26 cents in Sy.No.41-2, totaling to an extent of Ac.4.55 cents situated at Kothavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District. Since then, the father of petitioner No.1 has been in peaceful possession and enjoyment of the subject land. Later, after demise of father of petitioner No.1, the petitioners herein, who are the legal heirs have been in peaceful possession and enjoyment of the subject lands without there being any interference or hindrance from any quarter. In view of their long standing possession in the subject land, respondent No.4 issued a possession certificate on 16.02.2018 in their favour. Despite their long standing possession, now the respondents are trying to evict the petitioners from the subject land without issuing any notice and without following due procedure as contemplated under the law. While so, on 03.02.2025, respondent authorities, visited and inspected the petitioners’ land and attempted forcibly to evict them from the subject land without issuing any notice and without assigning any reasons for such eviction. Aggrieved by the action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of the petitioners, the petitioners herein filed the present writ petition. 4. On the other hand, learned Government Pleader for Revenue appearing for the respondents submits that if the respondents intend to interfere with the peaceful possession and enjoyment of the subject land of the petitioners, the respondents would follow due process of law. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents not to interfere with the peaceful possession and enjoyment of the subject land of the petitioners, without following due process of law, if the petitioners are in peaceful possession and enjoyment of the subject land. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 17.03.2025 BSP 68 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3970 of 2025 17.03.2025 BSP