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Machana Sushma Chowdary, v. The State of Andhra Pradesh

Andhra Pradesh HC17 Mar 2025WP/6775/2025

Case brief

AI extract

What is this about?

Article 226; writ of mandamus; Andhra Pradesh Survey and Boundaries Act 1923; Survey Notice; settled possession; dispossession; due process of law; Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.; 2004 (1) SCC 769; Articles 14, 21 and 300-A; East Godavari District; Rajanagaram Mandal; Kanavaram Revenue Village; S.No.529; Ac.1.16 cents out of Ac.12.99 cents; State of Andhra Pradesh; revenue respondents; non-interference with possession; disposed at admission stage; no costs.

What did the court decide?

Direction to the respondents not to interfere with the petitioners' peaceful possession and enjoyment of the subject property except by following due process of law; no order as to costs; pending miscellaneous application, if any, stands closed. ¶35

Machana Sushma Chowdary, Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent Nos.4 to 6, at the instance of the 7th respondent, in insisting the petitioners to vacate their land under the guise of a Survey Notice is illegal, irregular, irrational, without jurisdiction, in violation of the Andhra Pradesh Survey and Boundaries Act, 1923 and offensive of Articles 14, 21 and 300-A of the Constitution of India. +1 more

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Ratio / Principle

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.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.

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Key takeaways

If the petitioners are in possession of the subject property, the respondents are directed not to interfere with the petitioners' peaceful possession and enjoyment of the subject property, except by following due process of law.ratio¶34

Detailed headnote1 paragraphs

Writ Petition (Article 226) disposed of at the stage of admission with the consent of both counsel. Petitioners claimed Ac.1.16 cents out of Ac.12.99 cents in S.No.529 of Kanavaram Revenue Village, Rajanagaram Mandal, East Godavari District, and challenged the action of respondent Nos.4 to 6, at the instance of the 7th respondent, in insisting on their vacation of the land under the guise of a Survey Notice issued by the 6th respondent, alleging violation of the Andhra Pradesh Survey and Boundaries Act, 1923 and Articles 14, 21 and 300-A of the Constitution. Without touching the merits, the Court held, following the Apex Court's law in Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs., 2004 (1) SCC 769, that persons in settled possession cannot be dispossessed without due process of law, and directed that if the petitioners are in possession, the respondents shall not interfere with their peaceful possession and enjoyment except by following due process of law. No order as to costs; pending miscellaneous application closed.

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APHC010129202025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 6775/2025

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Between:

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Machana Sushma Chowdary, and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.NIMMAGADDA REVATHI

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 6775/2025

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ORDER:

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This writ petition is filed under Article 226 of the Constitution

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of the India seeking the following reliefs:-

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“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.4 to 6 at the instance of 7^th respondent in insisting the petitioners to vacate from petitioners’ landed property of Ac.1.16 cents out of Ac.12.99 cents covered by S.No.529 situated at Kanavaram Revenue Village of Rajanagaram Mandal in East Godavari District under the guise of Survey Notice issued by 6^th respondent for the purpose of delivering such portion of land to 7^th respondent as illegal, irregular, irrational, without jurisdiction and in violation of the provisions of Andhra Pradesh Survey and Boundaries Act, 1923 and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners’ possession and enjoyment of aforesaid landed property and pass such other order.”

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During hearing, learned counsel for the petitioners, without

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touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property without following due process of law.

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Learned Assistant Government Pleader for Revenue submits

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that, if the petitioners are in possession of the subject property, the

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respondents would follow due process of law and requested to pass appropriate orders.

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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.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.¹ ”. Therefore, if

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the petitioners are in possession of the subject property, the respondents are directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by following due process of law.

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With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. There shall be no order as to costs.

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As a sequel miscellaneous application, pending, if any, shall also stand closed.

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________________________________ VENKATESWARLU NIMMAGADDA, J

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18.03.2025 TPS

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