Sarvani Rahamathulla Khan, vs The State Of Andhra Pradesh
2021 Latest Caselaw 3178 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                            WRIT PETITON NO.2822 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 the Respondent No.4 thereby directing petitioner not to enter the respective Agriculture lands each admeasuring an extent of Ac. 0.37 cents in Sy.No.304 situated at Chinnamandem Village and Mandal, YSR District as illegal, arbitrary and consequently direct the respondents 2 to 4 not to dispossess the petitioner from the subject land 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 documents produced before this court, clearly

established that the petitioner, prima facie possession and

enjoyment of the property and thus, the person who is in settled

possession, cannot be dispossessed, except by due process of law.

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

AIR 2004 SC 4609

1975 AIR 1674 = 1975 SCR 299

1968 AIR 702 = 1968 SCR (2) 408

constitutional right under Article 300A of the Constitution."

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 dispossess the

petitioner, 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: 25-08-2021

KK

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITON NO.2822 of 2021

Date: 25-08-2021

KK