Administrative Law — Eviction — Requirement of Due Process — Eviction from land claimed through gift — Possession not to be disturbed except in accordance with law — Where the appellant alleged that he was being forcibly evicted from a plot of land gifted to him by his wife, the Division Bench held that even if the learned Single Judge had dismissed the writ petition on the ground that the appellant failed to prove the genuineness of his wife’s title, the appellant, if in possession, cannot be evicted without following due process of law. Held, that possession of property, even if disputed, cannot be disturbed by executive action without recourse to law. Authorities must evict the appellant only in accordance with established legal procedure.

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)
Before: The Hon’ble the Chief Justice Dhiraj Singh Thakur
     and The Hon’ble Sri Justice R. Raghunandan Rao
Date: 6th November, 2025
Writ Appeal No. 1133 of 2025
[2025:APHC:47094]

CASE TITLE

Dudekula Bala Gurappa … Appellant
Versus
The State of Andhra Pradesh and Others … Respondents

Counsel:
For Appellant — Ms. Kota Krishna Deepthi representing Mr. Jada Sravan Kumar
For Respondents — GP for Panchayat Raj & Rural Development (R.1); GP for Revenue (R.2–R.4); Mr. Mattegunta Sudhir (R.5)

HEADNOTES

Administrative Law — Eviction — Requirement of Due Process — Eviction from land claimed through gift — Possession not to be disturbed except in accordance with law —
Where the appellant alleged that he was being forcibly evicted from a plot of land gifted to him by his wife, the Division Bench held that even if the learned Single Judge had dismissed the writ petition on the ground that the appellant failed to prove the genuineness of his wife’s title, the appellant, if in possession, cannot be evicted without following due process of law.

Held, that possession of property, even if disputed, cannot be disturbed by executive action without recourse to law. Authorities must evict the appellant only in accordance with established legal procedure.

Result: Writ Appeal disposed of with direction that eviction, if any, shall be only through due process of law; no order as to costs.

CASE FACTS

The appellant claimed to be in possession of a plot gifted to him by his wife, who asserted that she inherited it from her ancestors. The appellant filed a writ petition seeking protection from alleged forcible eviction by officials.

The learned Single Judge dismissed the writ petition on the ground that the petitioner failed to substantiate the source of title and ownership claimed through his wife.

In appeal, the appellant contended that irrespective of title, his possession could not be disturbed except by following due legal process.

Upon query from the Bench, counsel for the respondents stated that no instructions were available regarding the appellant’s possession.

HELD BY

Per Dhiraj Singh Thakur, C.J. and R. Raghunandan Rao, J. —
If the appellant is in possession of the property, he shall not be dispossessed except in accordance with law. Authorities are directed to follow due process before evicting him.

Writ Appeal disposed of accordingly. No order as to costs.
Miscellaneous petitions, if any, closed.

Citation: 2025:APHC:47094 (Unreported Judgment)
Bench: Dhiraj Singh Thakur, C.J. and R. Raghunandan Rao, J.
Date of Decision: 06-11-2025