IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5164 OF 2023 Between: Bora Nageswara Rao, S/o Devudu, Hindu, Aged 47 years, Occ Business, Residing at Riksha Colony, Ward-7, Anakapalli, Bowluvada, Visakhapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary for Revenue Department, Amravati, Guntur District. 2. The District Collector, Anakapalli, Visakhapatnam District. 3. The Revenue Divisional Officer, Anakapalli Revenue Division, Anakapalli Mandal, Visakhapatnam. 4. The Tahsildhar, Anakapalli Mandal, Visakhapatnam District. 5. The Bowlavada Gram Panchayat, Rep. by its Secretary, Bowlavada, Anakapalli Mandal, Visakhapatnam. 6. Siddi Nagamani, W/o Manikyam, Hindu, Aged 65 years, R/o H.No. 8-63, RV Nagar, Nookambika Temple, Bowivada, Anakapalli, Visakhapatnam. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an Order, direction, proceedings or Writ more may particularly one in the nature of Writ of Mandamus declaring the action of the 4th and 5th respondents without following Section 7 of Andhra Pradesh Land Encroachment Act, 1905 in initiating steps for dispossessing the petitioner from his Residential Plot no. 73 in H.No. 5-76/2 in an extent of Ac.0.02 cents in Survey No. 17/2, Assessment No. 1265 consisting of RCC slabbed House, Residing at Riksha Colony, Ward-7, Anakapalli, Bowluvada, Visakhapatnam District and for removal of the structures etc., therein as premeditated, illegal, arbitrary and without jurisdiction and authority and violative of Principles of Natural Justice, violative of Article 14 of Constitution of India, Ultra-vires his powers under the provisions of Andhra Pradesh Land Encroachment Act 1905. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents no. 1 to 5 not to dispossess the petitioner from their Residential Plot no. 73 in H.No. 5-76/2 in an extent of Ac.0.02 cents in Survey No. 17/2 of land at Riksha Colony, Ward-7, Anakapalli, Bowluvada, Visakhapatnam District. lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents no. 1 to 5 to issue proper notice and follow due process of law which is laid under section 7 of Andhra Pradesh Land Encroachment Act 1905, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. GULIPALI SURAJ Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI N SRIHARI, SC FOR ZPP, MPP & GP The Court made the following Order: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5164 OF 2023 ORDER: This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus declaring the action of 4**^ & 5*" respondent without following Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, in initiating steps for dispossessing the petitioner from his Residential Plot No.73 in H.No.5-76/2 in an extent of Ac.0-02 cents in Survey No. i7/2, Assessment No. 1265 consisting of RCC slabbed house. Residing at Rissha Colony, Ward-7, Anakapalli, Bowluvada, Visakhapatnam District and for remoal of the 1. structures etc., therein as illegal and arbitrary. 2. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of the subject property having purchased the same under sale agreement in the year 2013 for valuable consideration. While so. the respondents are trying to dispossess the petitioner from his property without issuing a notice under Section 7 of the Andhra Pradesh Land Encroachment Act and without following due process of law and requested this Court to issue a direction to the respondents not to dispossess the petitioners from their land without following due process of law. 2 NV,J W.P.No.5164 of 2023 Learned Government Pleader for Revenue submits that, if the petitioner 3. is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. The only grievance of this petitioner is that, the petitioner asserted that he is in possession and enjoyment of the property. As seen from the relief claimed by this petitioner, it is clear that the respondents are trying to interfere with the possession and enjoyment of the property of this petitioner and trying to dispossess from the subject property. If the petitioner is in possession and enjoyment of the property, the respondents are not entitled to interfere with the possession and enjoyment of the petitioner, as such highhanded action of the respondents would amount to depriving the petitioner violating constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. 4. 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.^ 5. when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. ' 2004 (1) see 769 NV,J W.P.No.5164 of 2023 Therefore, if the petitioner is in possession of the subject property, the the respondents are directed not to dispossess the petitioner from the subject property, except by due process of law. No costs. 6. With the above direction, writ petition is disposed of. No costs. 7. Consequently, interlocutory applications if any pending, shall stand 8. closed. Sd/- N NAGAWlWtA assistant registrar //TRUE COPY// CD ' SECTION OFFICER To, The Principal Secretary for Revenue Department, State of AP, Amravati, Guntur District. 2. The District Collector, Anakapalli, Visakhapatnam District. 3. The Revenue Divisional Officer, Anakapalli Revenue Division, Anakapalli Mandal, Visakhapatnam. 4. The Tahsildhar, Anakapalli Mandal, Visakhapatnam District. 5. The Secretary, Bowlavada Gram Panchayat, Bowlavada, Anakapalli Mandal, Visakhapatnam. 6. One CC to Sri. Gulipali Suraj Advocate [OPUC] 7. One CC to Sri. N Srihari SC for ZPP, MPP & GP [OPUC] 8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 9. ThreeCD Copies 1. GSC HIGH COURT DATED: 10/04/2025 ORDER WP.No.5164 of 2023 ^ 2 4 APR 2Q?5 ^ . Current Section . It DISPOSING OF THE WP WITHOUT COSTS