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2025 Supreme(Online)(AP) 8561

HIGH COURT OF ANDHRA PRADESH
SUBBA REDDY SATTI, J
M/s Y.S. Traders – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No.-24632 of 2024



Advocates:
For the Appellants/Petitioners: Devarapalli Anandkumar
For the Respondents: GP for Social Welfare, V.Kanaka Raju

Dispossession of property without due process is illegal, emphasizing the necessity of following proper legal protocols.

Headnote:(A) Constitution of India - Article 226 - Right to Property - The action of the authorities in dispossessing the petitioner without due process is declared illegal and arbitrary - The court mandates adherence to due process in cases of dispossession. (Paras 1-2)

(B) Legal Principles - The principles of natural justice and procedural fairness must be observed in actions that affect individual rights - The necessity of issuing notice and following due legal procedures before dispossession is emphasized.

Facts of the case:
The petitioner, a proprietor, contends that they are facing dispossession from land without notice or due process, violating constitutional rights.

Findings of Court:
The operation of dispossession without adhering to legal protocols is deemed unlawful, thus necessitating compliance with established legal frameworks.

Issues: The case revolves around the legality of dispossessing an individual from land without due process.

Ratio Decidendi: The court held that actions taken without following proper legal procedures infringe upon individual rights as guaranteed by the Constitution.

Result: Writ petition allowed with directives to adhere to due process.

Table of Content
1. dispossession without due process is illegal. (Para 2)
2. arguments presented regarding the violation of legal rights. (Para 3)

lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV (SPECIAL ORIGINAL JURISDICTIONr~

WEDNESDAY, THE SECOND DAY OF JULYa, TWO THOUSAND AND TWENTY FIVE ~

:PRESENT: `/

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO.-24632 OF 2024 i/

Between :

M/s Y.S. 7fladers, MGLM Unit Auto Nagar, Rep. by its proprietor, Devarapalli Anandkumar, s/o D. Ko{eswara rao, Aged 48 years, Occ.Proprietor, R/o D.No.26-17-49, 1st floor. Near auto Nagar Gate, Vijayawada, Andhra Pradesh, Pin-52OOO3 ...Petitioner/s AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, social Welfare Department, Secretariat Velagapudi, Amaravati Guntur District.

2. Leather Industries Development corporation of A.P LTD, Rep. by I-tS vice chairman and Managing Director, Office at Mahendra Enclave,:

NRI Block-C, 3rd Floor, 'Flat No.8, Tadepalli, Guntur-522501.

3. The Vice Chairman and Managing Director, LIDCAP Ltd R/o Mahendra-`` Enclave, NRI Block-C, 3rd Floor, FIa{ No.8, TadTepalli, Guntur, AP-

522501 :i ...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 an appropr'iate writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the actl-on of the respondent: authoritl'es I'n trying to dispossess the petitioner hI-ghhandedly without issuing`

V notice, from land situated in R.S No.173 -plot no.1 -lALA layout, Jawahar auto Nagar, Vijayawada, without following the due process of law, as illegal:

+`

arbitrary and violative of Art 14,15,16,19,21 and 300-A of the Constitution of India consequently direct the respondents not to dispossess the petitioner, except in accordance with llaw--as mandated by the Hon'ble Apex court in the I:case of RAME GOWDA 'r-vi§~ M VARADAPPA NAIDU Citation 2003 r+awsuit(sc)1248' / ``J'-

.i,|€`

-I \

.::.;IA NO: 1 OF 2024 I.-:if...`....

Petition under section 151 CPC praying that I-n the cI-rCumStanCeS '`stated in the affidavit filed in support of the petitI'On, the High Court may b6 pleased to direct the respondents-hot to interfere with the peaceful possession and enjoyment of the petitio:ne-r from land situated in R.S No.173 -plot no.1 i lALA layout, Jawahar auto Nagar, ViJ-ayaWada Without following due Process of law and pass order or+`.drd``§r§'`^in `accordance with law pending disposal o-f wp.No.24632 of 2024, oh:{'he--:fii'6; of the High Court.

-,?€_'

The petition coining on fo+ h-earing, upon perusing the petition and the affidavit filed in support there'lof and the earlier orders of the High Court dated

29.10.2024, 12.ll.2024, & 26.-06¥025, made herein and upon hearing th6'

arguments of sri B VamsrlKrishna, Advocate for the Petitioner and of GP foi Social Welfare for Respondent No.1 and of Sri V.Kanakaifiu, Advocate fop the respondent Nos.2 & 3, i-ire-€ddrrf made the following ~

.a.^, arm FZ ~{ I I l`.

Post on 09.07.2025. ^`~

Interim order granted+ earlier is extended till thenI `'`~.-.

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