APHC010106512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5585/2025 Between: Yagati Chinna Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. TOTA TEJESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: O R D E R: This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of Respondent Nos. 3 to 5 to mutate the petitioner name in the Revenue records the petitioners from for the petitioner schedule land in Sy.No. 107-176- 26 for an extent of Ac.0-20 cents and to demolish and destroy the petitioner house constructions at Konchada in Sy no.181-176-26 for an extent of Ac.0-10 cents for total extent of Ac.0-30 cents at Guruvaram village Ponduru Rajam Mandal Srikakulam district with collusion Respondent no 5 to 7 without following due process of law and without any Vizianagaram District by considering the petitioner legal notice to the dt 22.6.2024 and petitioner without any authority representations dt 11.12.2023 and 7.12.2024 is illegal arbitrary and violation of the Articles 14, 21 and 300A Of Constitution of India and also violation principles of natural Justice and consequently direct Respondents No 2 to 5 to mutate the petitioner name in the Revenue records the petitioners from for the petitioner schedule land in Sy.no.107-176-26 for an extent of Ac.0-20 cents and to demolish and destroy the petitioner house constructions at Konchada in Sy.no.181-176-26 for an extent of Ac.0-10 cents for total extent of Ac.0-30 cents at Guruvaram village, Ponduru Rajam Mandal, Srikakulam district with collusion of the Respondent no 5 to 7 without following due process of law and without any Vizianagaram District by considering the petitioner legal notice to the dt 22.6.2024 and petitioner without any authority representations dated 11.12.2023 & 07.12.2024.” 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. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, he 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.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 06.03.2025 SP 1 2004 (1) SCC 769 231 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5585/2025 06.03.2025 W SP