Sri Sagi Appala Narasimha Raju, vs State Of Andhra Pradesh
2021 Latest Caselaw 2318 AP

Citation : 2021 Latest Caselaw 2318 AP
Judgement Date : 8 July, 2021

Andhra Pradesh High Court - Amravati

Sri Sagi Appala Narasimha Raju, vs State Of Andhra Pradesh on 8 July, 2021

  THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITON NO.13166 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 issue direction to the Respondents not to take possession of the Petitioner's land extents of Ac. 23.350 Cents in Survey Numbers 13(p), 14(p), 262 (p) and Ac.24.480 Cents in Survey Numbers 10, 14 and 262 of Kuncherupalem Village, Bhogapuram Mandal, Vizianagaram District, comprising of a total extent of Ac 47.83 cents for the purported purpose of expressway beach corridor road, except in accordance with and under due process of law.."

The case of the petitioner is that the petitioner partly

purchased and partly covered under development agreements

under various documents in respect of the land in an extent of Ac.

23.350 Cents in Survey Numbers 13(p), 14(p), 262 (p) and

Ac.24.480 Cents in Survey Numbers 10, 14 and 262 of

Kuncherupalem Village, Bhogapuram Mandal, Vizianagaram

District and ever since he has been possession and enjoyment of

the said land, by approving lay outs from the concerned authority

and laid layouts for residential and also Resorts purposes. On

07.06.2021 the respondents conducted survey and demarcated the

land of the petitioner alleging that they are acquiring the land for

laying express highway from Bheemunipatnam to the proposed

Bhogapuram International Airpart at Bhogapuram in Vizianagaram

District and that the same is being called as "Beach Corridor". The

petitioner requested the respondent authorities to follow the due

process of law, but in vain. The respondents are illegally

encroaching the land of the petitioner without following due

procedure. Hence, this Writ Petition.

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 material on record prima facie establishes that the

petitioner is 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, 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 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.

AIR 2004 SC 4609

1975 AIR 1674 = 1975 SCR 299

1968 AIR 702 = 1968 SCR (2) 408