APHC010089302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4602/2025 Between: Kapu Sridevi, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4602/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially 4th respondent in interfering with the petitioner’s peaceful possession and enjoyment of the land admeasuring Ac.5.10 cents in Survey No.488-1 vide Khata No.1725 situated at Chintarlapalli Revenue Village Setturu Mandal, Anantapuramu District, without following due procedure as illegal, arbitrary and against the principles of natural justice and also violation of Article 300-A Constitution of India and consequently direct the 4th respondent not to interfere with the petitioner’s peaceful possession and enjoyment of the land admeasuring Ac.5.10 cents in Survey No.488-1 vide Khata No.1725 situated at Chintarlapalli Revenue Village, Setturu Mandal, Anantapuramu District and pass such other order.” 2. 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 interfere with the petitioner’s peaceful possession and enjoyment of the subject property without following due process of law. 3. Learned Assistant Government Pleader for Revenue furnished the written instructions dated 20.02.2025, wherein it is stated as follows: “As previously stated, no revenue staff i.e. either the Tahsildar or other revenue staff have not visited the 3 land in Sy.No.488-1 of Chintarlapalli Village two days back. The land in Sy.No.488-1, extent Ac.5.10 cents is classified as Government land and assigned in favour of Mangala Jayamma, W/o.Hanumanthappa. Later transferred in favour of Venkata Lakshmi. Later it transferred in favour of 5th respondent. The 5th respondent Sri. Manjunath has alienated the D.Patta land/Assigned land in favour of the petitioner and the petitioner misrepresenting the fact obtained pattadar passbook. Further it is submitted that no D.Patta/assignment granted in favour of the petitioner.” 4. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Assistant Government pleader for the respondents, 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 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’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 “RameGowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1, 12004 (1) SCC 769 4 when the petitioner is in settled possession and enjoyment of the property, she cannot be dispossessed, without following due process of law. Therefore, the respondents are directed not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property, except by following due process of law. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 19.03.2025 TTPPSS 5 181 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:4602 of 2025 19.03.2025 TTPPSS