APHC010636942014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9932/2014 Between:

1. A LLU SURESH KUMAR, S/O. ALBERT JOSEPH, AGED 43 YEARS, OCC. CULTIVATION, R/O. H.NO. 19-69/1, DEENADAYALAPURAM, CHINAGADILI MANDAL, VISAKHAPATNAM DISTRICT ...PETITIONER AND

1. S RI VARA LAKSHMI NARASIMHA SWAMY VARI DEVASTHANAM, Simhachalam, Visakhapatnam District Rep. by its Executive Officer ...RESPONDENT 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 toIssue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondent in interfering with petitioner's possession and enjoyment of the residential house bearing door No. 19-69/1 of Deenadayalapuram, Chinagadali Mandal, Visakhapatnam as illegal, arbitrary, violative of principles of natural justice and also violative of Art. 19 and 300A of the Constitution of India and consequently direct the respondent not to interfere with petitioner's possession of the said residential house and pass IA NO: 1 OF 2014(WPMP 12468 OF 2014 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 direct the respondent not to interfere with petitioner's possession and enjoyment of the house bearing Door No. 19-69/1 of Deenadayalapuram, Chinagadali Mandal, Visakhapatnam pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. TURAGA SAI SURYA Counsel for the Respondent:

1. E SAMBASIVA PRATAP The Court made the following:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9932/2014

O R D E R:

1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner’s residential house bearing door No.19-69/1 of Deendayalapuram, Chinagadali Mandal, Visakhapatnam as illegal and arbitrary; consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner.

2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.

3. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law.

4. Learned Government Pleader for the respondents submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders.

5. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “RameGowda (dead)

by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs., 12004 (1) SCC 769 ”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law.

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

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

_____________________________________

JUSTICE VENKATESWARLU NIMMAGADDA Date:06.02.2026 BSP

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9932/2014 Date:06.02.2026 BSP