APHC010428542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23227/2026 Between: 1. B. GANGAIAH, S/O. B. VENGAMUNI, AGED ABOUT 54 YEARS, OCC.FARMER R/O. NO. 30-20-B-1, SUNNAPURGUTTA THANDA, KADIRI POST, KADIRI MANDAL, SRI SATYA SAI DISTRICT- 515591 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT, PUTTAPARTHI - 515134 3. THE REVENUE DIVISIONAL OFFICER, KADIRI, SRI SATYA SAI DISTRICT - 515591 4. THE TAHSILDAR, KADIRI MANDAL, SRI SATYA SAI DISTRICT - 515591 5. THE VILLAGE REVENUE OFFICER, SUNNAPUGUTTA THANDA VILLAGE, KADIRI MANDAL, SRI SATYA SAI DISTRICT -515591 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 4 and 5 in 2 threatening to dispossess the petitioner from his peaceful possession and enjoyment of the land to an extent of Ac. 2.00 cents out of the land to an extent of Ac. 12.32 cents in Sy. No. 148-2 of Sunnapugutta Thanda Village, Kadiri Mandal, Sri Satya Sai District without issuing notice or initiating acquisition proceedings or following the due process of law as illegal, arbitrary, unconstitutional and contrary to law and consequently direct the respondents not to interfere in any manner with the peaceful possession and enjoyment of the petitioner land as mentioned above by duly considering the petitioners application dated 07.02.2025 IA NO: 1 OF 2026 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 not to interfere in any manner with the petitioner's peaceful possession and enjoyment of the land admeasuring Ac. 2.00 cents out of the land to an extent of Ac. 12.32 cents in Sy. No. 148-2 of Sunnapugutta Thanda Village, Kadiri Mandal, Sri Satya Sal District, pending disposal of the Writ petitign before this Hon'ble court Counsel for the Petitioner: 1. N RANGA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23227 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.4 and 5 in threatening to dispossess the petitioner from his peaceful possession and enjoyment of the land to an extent of Ac.2.00 cents out of the land to an extent of Ac.12.32 cents in Sy.No.148-2 of Sunnapugutta Thanda Village, Kadiri Mandal, Sri Satya Sai District, without issuing notice or initiating acquisition proceedings or following the due process of law as illegal, arbitrary, unconstitutional and contrary to law and consequently direct the respondents not to interfere in any manner with the peaceful possession and enjoyment of the petitioner land as mentioned above by duly considering the petitioners application dated 07.02.2025 and such other order or orders.…” 2. It is the pleading of the petitioner that a person in settled possession of immoveable property is entitled to continue in such possession, without being dispossessed save and except in accordance with law. 3. In Rame Gowda v. M.Varadappa Naidu,1 a three-Judge Bench of the Hon’ble Apex Court, while discussing the Indian law on the subject, observed as under: “..It is thus clear that so far as the Indian law is concerned, the person in peaceful possession is entitled to retain his possession and in order to protect such possession he may even use reasonable force to keep out a trespasser. A rightful owner who has been wrongfully dispossessed of land may retake possession if he can do so peacefully and without the use of unreasonable force. If the trespasser is in settled possession of the property belonging to the rightful owner, the rightful owner shall have to take recourse to law.” 1 (2004)1 SCC 769 4 4. In the case of Ram Ratan and others Vs. State of Uttar Pradesh2, question cropped up before Hon’ble Supreme Court, with regard to right of private defence of trespasser against true owner. Their Lordships held that true owner has no right to dispossess the trespasser by use of force, in case trespasser was in possession in full knowledge of the true owner. Observation made by Hon'ble the Supreme Court is reproduced as under:- “In State of W.B. and others Vs Vishnunarayan and Associates (P) Ltd. and another, reported in (2002) 4 SCC 134, held that State and its executive officers cannot interfere with the rights of others except where their actions are authorized by specific provisions of law.” 5. In, H.B.Yogalaya Vs. State of U.P. and others3, the Hon’ble Apex Court held that without any show cause notice or hearing, neither demolition can take place nor a person may be dispossessed from the property, relevant portion is extracted hereunder: "Otherwise also principles of natural justice demand that a show-cause notice and hearing be given before demolishing or dispossessing a person from the properties of which he is in possession. Counsel appearing for the respondents did not contest this proposition." "It is well settled that the law requires that the true owner should dispossess the trespasser by taking recourse to the remedies under, the law." 6. In the celebrated case of Maneka Gandhi vs. Union of India 4 , the Hon'ble Supreme Court upheld the phrase no one shall be deprived of one’s life and liberty except procedure established by law as employed in Article 21 of the Constitution of India. The principles of natural justice demands that the persons who are affected should be heard. 2 (1977) 1 SCC 188 3 (2004) 13 SCC 518 4 AIR 1978 SC 25 5 7. Therefore, this Court is of the opinion that the petitioner should not be dispossessed except in accordance with the law, as held in Rame Gowda’s case (supra-1). 8. Accordingly, the Writ Petition is disposed of, directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property, except by following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.08.2026 KBN 6 31 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23227 of 2026 Date: 24.08.2026 KBN