APHC010093942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4964/2025 Between: G.jyothi Venkataramana, and Others ...PETITIONER(S) AND The State Of Andra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. B SURYANARAYANA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…may be pleased to Declare the action of the respondents in demolishing the petitioners sheds in Survey 685 to an extent of 330 sq yards for laying the road (chittor to Greamspet road in survey no.684,132) without following due process of law as illegal arbitrary and unconstitutional And Grant…” 2. The petitioners herein are the owners of a house site situated in Sy.No.685 in Chittoor Municipal town, Chittoor District, which was acquired through a registered sale deed vide document No.723 of 2021. While the matter stood thus, the respondent Nos.3 and 4, under the pretext of expanding the Chittoor-Greamspet road, have demolished a part of the shed constructed by the petitioners without conducting land survey basing on the revenue records, without issuing any notice and without following due process of law. Hence, the present writ petition is filed. 3. Heard learned counsel for the petitioners and Sri. P. Vengal Reddy, learned Standing Counsel for the respondent corporation. 4. Today, when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions received from the 3rd respondent wherein it is stated that the land claimed by the petitioners in Sy.No.685 is classified as Government dry land as per the revenue records and that the entire land falls within the buffer zone of Gangineni Cheruvu, which is a protected water body. It is further stated that due process of law would be followed in case any private land is acquired. 5. Though it is the claim of the respondent authorities that the land claimed by the petitioners in Sy.No.685 is classified as Government Dry Land as per the revenue records. Admittedly, the respondent authorities have failed to follow due process of law by issuing a prior notice. However, admittedly, the petitioners are in possession and enjoyment of the subject property. When the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in Rame Gowda (dead) by L.R.s. v. M. Varadappa Naidu (Dead) by L.Rs1. Though the said land is a government dry land, the respondents ought to have issued a notice before interfering with the petitioners’ possession over the said property. 6. In view of the same, this writ petition is disposed of and the respondents are directed not to interfere with the possession of the petitioners over the house site situated in an extent of 330 square yards in Sy.No.685 in Chittoor Municipal town, Chittoor District, without following due process of law. 7. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 25.02.2025 GSS 1 2004 (1) SCC 769