THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.14605 of 2021
ORDER:
This 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 the respondents in insisting to vacate as well as trying to dispossess the petitioners from their respective properties/plots bearing No.39, 42 and 76 admeasuring to an extent of Ac.0.01½ cent each in Sy.No.41-1 of Kurugunta Village, Ananthapuram Rural Mandal, Anantapuram District for construction of the "Gram Sachivalayam, Rythubarosa Building" and for the purpose of allotment of house sites to the weaker sections without following the procedure contemplated under the law and without initiating proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 as illegal, arbitrary, violative of principles of natural justice, Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with petitioners possession and enjoyment of their respective above said lands without following due process of law and pass such other order or orders."
Though the petitioners 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.
In Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr1, Ram Rattan v. State of Uttar Pradesh2 and Munshi 1 AIR 2004 SC 4609 2 1975 AIR 1674 = 1975 SCR 299 2 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."
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: 27-07-2021 VSL 3 1968 AIR 702 = 1968 SCR (2) 408 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.14605 of 2021 Date: 27-07-2021 VSL