Smt. Saragadam Kamala, vs The Tahsildar,
2021 Latest Caselaw 2604 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                           WRIT PETITON NO.14450 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 the 1st and 2nd Respondents in threatening to demolish the shop rooms, without issuing any notice and following the due process of law as illegal and arbitrary, consequently direct the Respondents not to interfere with the Petitioners shop rooms situated in Sy.No 93/1P, Aripaka Village and Panchayat Sabbavaram Mandal, Visakhapatnam District, without following the due process of law in the interest of justice...."

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 documents produced before this court, clearly

established that the petitioners, 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,

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 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: 26-07-2021

KK

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITON NO.14450 of 2021

Date: 26-07-2021

KK