Disposed¶5

Batta Suvarnamma, v. The State of Andhra Pradesh

Andhra Pradesh HC23 Mar 2025WP/7400/2025

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; WP 7400/2025, decided 24.03.2025 by Justice Venkateswarlu Nimmagadda. Keywords: due process of law; settled possession; eviction; dispossession; writ of mandamus; Article 226; revenue authorities; Government Pleader for Revenue; Rame Gowda v. M. Varadappa Naidu (2004) 1 SCC 769; Chaganam village, Sydapuram Mandal, SPSR Nellore district; disposal at admission stage with consent; no costs.

What did the court decide?

Direction to the respondents that, if the petitioners are in possession of the subject property, they shall not be evicted or dispossessed except by due process of law; miscellaneous petitions pending, if any, stand closed; no costs. ¶5

Batta Suvarnamma, Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010141252025

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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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MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7400/2025

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Between:

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Batta Suvarnamma, 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.V ROOPESH KUMAR REDDY

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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 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7400/2025

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O R D E R:

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This writ petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus declaring the action of respondents in trying to evict the petitioners from the lands admeasuring to an extent of Ac. 0.08 cents in Sy.No.518-1P3, Ac.0.12 cents in Sy.No.519-3P2, Ac.0.5 cents in Sy.No.519/4P2, Ac.0.55 cents in Sy.No.519-5P2, Ac.0.03 cents in Sy.No.5197P3, Ac.0.84 cents in Sy.No.519-8P2, Ac.1.13 cents in Sy.No.519-9 and Ac.0.98 cents in Sy.No.519-10P1, totalling to an extent of Ac.4.23 cents at Chaganam Village, Sydapuram Mandal, SPSR Nellore District without issuing and without following due process of law as illegal and arbitrary; consequently direct the respondents not to initiate any action on the land in possession and enjoyment of the petitioners.

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During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess/ evict the petitioners from their respective property without following due process of law.

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Learned Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property, the 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, the petitioners 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 petitioners are in possession of the subject property, the respondents are directed not to evict/ dispossess the petitioners from the subject property, except by due process of law.

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