THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.14312 of 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
"....to issue a Writ of Mandamus, declaring the action of 4th respondent /Tahsildar trying to disposes the petitioner in schedule land in Sy.No 64 an extent of Ac. 1.54 Vendugompalli Revenue village, Kuppam Mandal, Chittoor District without following due process of law as arbitrary, ultra vires, unjust against principles of natural Justice and unconstitutional and pass such other orders...."
Though the petitioner made several allegations in the writ affidavit filed along with the writ petition, the truth or otherwise in those allegations need not be adjudicated by this Court, in view of the submission made by the learned Assistant Government Pleader for Revenue that the respondent authorities will follow due process of law. The material on record prima facie establishes that the petitioner is in possession of the disputed property.
It is settled law that a person in settled possession cannot be dispossessed forcibly as held in Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr1, Ram Rattan v. State of Uttar Pradesh2 and Munshi Ram v. Delhi Administration3, the Supreme Court held as follows:-
"...to forcibly dispossess citizens of their private property, without following the due process of law, would be to violate a human right, as also the constitutional right under Article 300A of the Constitution."
1 AIR 2004 SC 4609 2 1975 AIR 1674 = 1975 SCR 299 3 1968 AIR 702 = 1968 SCR (2) 408 2 Hence, recording submission of the learned Assistant Government for Revenue as there is no proposal to take possession of the subject land, and in view of the judgments of Apex Court referred above, the respondents are directed not to take any coercive steps, except by due process of law.
With the above direction, this Writ Petition is disposed of, at the stage of admission, with the consent of both the counsel. However, this order will not preclude the respondents to take appropriate steps in accordance with law. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 23-07-2021 KK 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.14312 of 2021 Date: 23-07-2021 KK