Andhra Pradesh High Court - Amravati
P Peddabba vs The State Of Andhra Pradesh on 8 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.13176 of 2021
ORDER:
This Writ 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 declaring the action of the respondents in insisting
petitioners to vacate from their agricultural landed properties in different
extents in survey numbers 881/4, 881/17, 881/21, 881/22, 881/23,
881/24, 881/25, 881/26, 881/27, 881/28, 881/29, 881/30, 881/31,
881/33, 881/34, 881/35, 881/37, 881/38, 81/39 & 881/40 situated at
Vavila Thota Revenue Village in Puthalapattu Mandal of Chittoor District
as illegal, irregular, irrational, without jurisdiction, and violative of Articles
14, 21 and 300-A of Constitution of India and consequently direct the
respondents not to interfere in any manner with petitioners' peaceful
possession and enjoyment over their said landed properties and pass such
other orders.."
The case of the petitioners is that they are the absolute
owners, possessors and enjoyers of landed properties of different
extents in survey numbers 881/4, 881/17, 881/21, 881/22,
881/23, 881/24, 881/25, 881/26, 881/27, 881/28, 881/29,
881/30, 881/31, 881/33, 881/34, 881/35, 881/37, 881/38,
81/39 & 881/40 situated at Vavila Thota Revenue Village in
Puthalapattu Mandal of Chittoor District. The 4th respondent
granted D form pattas in favour of the petitioners duly following
the provisions of Andhra Pradesh Board of Revenue Standing
Order 15 vide proceedings dated 27.11.1993. Ever since such
assignment, they have been in continuous possession and
enjoyment of the said lands and eking out their livelihood by
cultivating the same. While so, in the third week of June, 2021,
the subordinates of 4th respondent repeatedly visited the subject
lands of the petitioners and carried out survey and marking at
their landed properties. When the petitioners enquired, they orally
stated that they have been instructed by the respondents 3 & 4 to
conduct survey. The petitioners personally approached the 4th
respondent and asked the reason. 4th respondent orally stated
that the petitioners' lands are required for public purpose for
providing house sites under 'Navaratnalu - pedalandariki illu'
scheme. Though the petitioners stated that they were assignees of
land and that they are also poor and downtrodden people and
requested not to dispossess them from their lands, the 4th
respondent did not heed the petitioners' grievance and orally stated
that he received strict instructions from the respondents 2 & 3 to
take possession of the lands. The 4th respondent further informed
that if the petitioners do not vacate the premises, they will come
with police force and see that the petitioners are evicted forcibly.
Hence this Writ Petition.
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. The material on record prima facie establishes that the
petitioners are 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,
wherein the Supreme Court held as follows:-
"...to forcibly dispossess citizens of their private
property, without following the due process of law,
AIR 2004 SC 4609
1975 AIR 1674 = 1975 SCR 299
1968 AIR 702 = 1968 SCR (2) 408
would be to violate a human right, as also the
constitutional right under Article 300A of the
Constitution."
Hence, recording the submission of the learned Assistant
Government for Revenue and in view of the judgments of Apex
Court referred above, the respondents are directed not to
dispossess the petitioners, 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:08-07-2021
KK
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.13176 of 2021
Date:08-07-2021
KK
