Andhra Pradesh High Court - Amravati
Kudupudi Nageswararao vs The State Of Andhra Pradesh on 23 July, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.14400 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
respondents in interfering with petitioners possession of land to
an extent of 0.02 cts each in Plot No. 300, 159, 56, 39, 107, 172,
161, 168, 26, 178, 308, 185, 305, 351, 518, 155 and 382 in
S.No.9/1A of Ryali Village, Atreyapuram Mandal, without issuing
any notice under any Act in vogue is illegal, arbitrary and
contrary to principles of natural justice contrary to the provisions
of Andhra Pradesh Assigned land (Prohibition of Transfers) Act,
1977 and Rules made there under and the Arts 14 and 300-A of
the Constitution of India and consequently direct the respondents
not to interfere with petitioners peaceful possession and
enjoyments of the lands referred to supra...."
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, 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 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: 23-07-2021
KK
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.14400 of 2021
Date: 23-07-2021
KK
