THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.11633 of 2021
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
"....to issue a Writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of respondents 2 to 4 in not taking any action against the 5th respondent for excavating the soil from the land in Sy.No.170 to an extent of Ac.5.00 cents situated at Daggubadu village, Karamchedu Mandal, Prakasam District which was allotted to the petitioner and other beneficiaries as house sites, inspite of the representation dt.31.5.2021 submitted by the petitioner is illegal and arbitrary and consequently direct the respondent Nos.2 to 4 to consider and take action of the representation dt.31.05.2021 and to grant such other relief...".
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.
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
Appeal (civil) 7662 of 1997 2 1975 AIR 1674 = 1975 SCR 299 3 1968 AIR 702 = 1968 SCR (2) 408 2 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: 25-06-2021 sj 3 93 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.11633 of 2021 Date: 25-06-2021 sj