Andhra Pradesh High Court

WP/31472/2024 of SANIKOMMU VENKATA RATNAMMA Vs THE STATE OF ANDHRA PRADESH on 31 December 2024

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31472/2024 Between: Sanikommu Venkata Ratnamma ...PETITIONER AND

APHC010604262024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3329]

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAWRIT PETITION NO: 31472/2024

Between:

Sanikommu Venkata Ratnamma ...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

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1. A VARALAKSHMI

Counsel for the Respondent(S):

1. GP FOR REVENUE

The Court made the following:

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents particularly Respondent Nos./4 & 5 herein in interfering with the peaceful possession and enjoyment of the property of the petitioner in an extent of Ac.0.02 ½ cents in Door No.2-11 (Assessment No.165) (Electricity Service Connection No.4111205000347) of Hanumanthunipadu Village and Mandal, Prakasam District as illegal, arbitrary and oppose to Article 300-A

of the Constitution of India, consequently direct the respondents more particularly Respondent Nos.4 & 5 herein not to interfere with the peaceful possession and enjoyment of the petitioner’s residential property in an extent of Ac.0.02 ½ cents in Door No.2-11 (Assessment No.165) (Electricity Service Connection No.4111205000347) of Hanumanthunipadu Village and Mandal, Prakasam District

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 dispossess the petitioner from her land, without following due process of law.

3. Learned Assistant Government Pleader for Revenue, admitted that the petitioner is continuing in possession of her land and the respondents authorities would follow due process of law and requested to pass appropriate orders.

4. When the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with their possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s violating 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 “Rame Gowda (dead) by L.Rs. v.

M.Varadappa Naidu (Dead) by L.Rs.[1], 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 dispossess the petitioner from her property, except by due process of law.

5. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs.

6. Consequently, miscellaneous petitions pending, if any, shall also stand closed.

Date:31.12.2024

_____________________________________

JUSTICE VENKATESWARLU NIMMAGADDA

SP

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 31472/2024

Date:31.12.2024

SP

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