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2025 Supreme(Online)(AP) 10308

HIGH COURT OF ANDHRA PRADESH
VENKATESWARLU NIMMAGADDA, J
Adusumalli Venkata Rao – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 15083 of 2025 | Writ Petition No: 15038/2025



Advocates:
For the Appellants/Petitioners: Sri G Ramachandra Reddy
For the Respondents: GP for Revenue

Settlement possession of land cannot be disturbed without due legal process as per constitutional rights.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - The petitioner sought protection against dispossession of land without due process of law. The court affirmed the principle that settled possession cannot be interfered with without following legal procedures, stressing constitutional rights under Article 300-A. (Paras 3-5)

(B) Law of Tort - High-handed actions by state authorities in violation of due process are impermissible. The court necessitated adherence to proper legal protocols even if possession is disputable. (Paras 4)

Facts of the case:
The petitioner contended state interference with his peaceful possession of agricultural land, seeking court direction against such actions.

Findings of Court:
The court ruled to protect the petitioner’s possession under constitutional provisions, emphasizing lawful process for any eviction.

Issues: The primary issue was the legality of state action infringing on a petitioner's settled land rights without notice.

Ratio Decidendi: The court ruled that irrespective of the legality of possession, due process must be observed before dispossession.

Result: Writ petition disposed of.

Table of Content
1. petitioner seeks protection of land. (Para 1 , 2)
2. state admits petitioner's possession. (Para 3)
3. high-handed actions violate constitutional rights. (Para 4)
4. due process essential before dispossessing settled occupants. (Para 5)

APHC010286532025 IN THE HIGH COURT OF ANDHRA PRADESH nn^'- AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15083 OF 2025 Between:

Adusumalli Venkata Rao,, aged about 41 years S/o.Venkateswarlu Occupation - Agriculture, R/o.Peddireddypalli Village, Varikuntapadu Mandal, SPSR Nellore District.

...Petitioner AND

1. The State of Andhra Pradesh, represented by its Principle Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

2. The Tahasildar, Varikuntapadu, S.P.S.R.Nellore District.

3. Chanda Venkata Ramaiah, aged about 62 years, S/o.Ramaiah, Occupation- Agriculture, R/o.Gangavaram Village Seetharamapuram Mandal, S.P.S.R.Nellore District.

...Respondents 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, Order or direction particularly in the nature of Writ of Mandamus directing respondents not to interfere with petitioners peaceful possession and enjoyment of his lands of Ac.6-04 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR I APHC010286492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY ‘

OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION MQ: 1503^ np 9n9R Between:

Adusun^alli VenKata BhasKar, aged about 38 years S/o.Venka,eswar lu SsR?? ■ VarikuntapaduMandal,'

SPSR Nellore District.

...Petitioner AND

1- The State of Andhra Pradesh, represented by its Principle Secretary^

Revenue Department, Secretariat Velagapudi, Amaravathi, Guntur District.

2. The Tahasildar, Varikuntapadu S.P.S.R.Nellore District.

3. Velupu Peda Guravaiah aged about 71 years, S/o.Guravaiah Occupation - Agriculture, r R/o.Thotala Cheruvupalli Village, VarikuntapaduMandal S.P.S.R.Nellore District.

...Respondents 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, Order or direction particularly in the nature of Writ of Mandamus directing respondents not to interfere with petitioner^

peaceful possession and enjoyment of his lands of Ac.6-03 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without following due process of law by declaring the high handed action of the respondents in interfering with the petitioners lands of Ac.6-03 cents in Sy.No.71 of Korumatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without issuing notice and following due process of law as illegal and arbitrary and violation of Article 300 A of the Constitution of India .

lA NO: 1 OF 2025 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 with the petitioner’s possession of his lands of Ac.6-03 cents in Sy.No.71 of Kommatta H/o. Thotala Cheruvu Palli Village, Varikuntapadu Mandal, SPSR Nellore District without following due process of law, pending the Writ Petition.

Counselfor the Petitioner:SRI G RAMACHANDRAREDDY Counsel for the Respondents 1 & 2: GP FOR REVENUE The Court made the following order:

••1 •• • •X• •

APHC010286492025 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU

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