The single-judge bench of the Andhra Pradesh High Court held that the State is governed by the rule of law, and a statutory authority cannot dispossess even a trespasser in settled occupation, without recourse to law.
Brief Facts:
The factual matrix of the case is that the government has taken a policy decision to distribute the lands to the SCs, STs, and BCs referred to the concept of Co-operative Joint Farming Societies (CJFS) under which huge extent of lands were brought under its control. Furthermore, for the implementation of the same Government identified the Government lands and allotted the said lands to the eligible beneficiaries and petitioners are some of the identified beneficiaries. The Petitioners are in possession of the said land and the 2nd respondent without any manner of right, threatening the Petitioners to dispossess from the aforesaid lands. Aggrieved by this, the present writ petition is filed in order to challenge the action of the 2nd respondent in threatening the petitioners to dispossess from their lawful possession in respect of their lands, without issuing any notice and without following the procedure as contemplated under law.
Contentions of the Petitioner:
The Petitioner contended that even after assuming that they are trespassers, they can only be evicted after following due process of law.
Contentions of the Respondent:
The Respondent contended that the 2nd Respondent never threatened the petitioners to vacate the land and the petitioners have no right over the subject lands, and the said lands belong to Forest Department.
Observations of the Court:
The Hon’ble Court observed that it is well settled that the state is governed by the rule of law, a statutory authority cannot dispossess even a trespasser in settled occupation, without recourse to law.
Based on these considerations, the court directed the respondents not to dispossess the petitioners except by recourse to procedure in accordance with law.
The decision of the Court:
With the above direction, the court disposed of the Writ Petition.
Case Title: Machavaram Penchalaiah and Others V. The State Of Andhra Pradesh and Others
Coram: Hon’ble Mr. Justice Tarlada Rajashekhar Rao
Case No.: Writ Petition No. 27319 of 2018
Advocate for the Petitioner: M Suguna
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