Sasapu Krishna vs The State Of Andhra Pradesh
2021 Latest Caselaw 2645 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                           WRIT PETITON NO.14660 of 2021

ORDER:

This 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 4th respondent and his men in threatening to dispossess the petitioners from their land situated in Sy.No.108-2 in an extent of Ac.1-00 cents of Ponugutivalasa Village, Santhakaviti Mandal, Srikakulam District, without following due process of law as illegal, arbitrary, against the principles of natural justice and consequently direct the 4th respondent and his men not to dispossess the petitioners from the possession and enjoyment of the above mentioned land and pass such other order or orders."

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, would be to violate a human right, as also the constitutional right under Article 300A of the Constitution."

AIR 2004 SC 4609

1975 AIR 1674 = 1975 SCR 299

1968 AIR 702 = 1968 SCR (2) 408

Hence, recording submission of the learned Assistant

Government Pleader 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

interfere with the possession and enjoyment of the petitioners

property without following due process of law, since the petitioners

are able to establish prima facie that they are in possession and

enjoyment of the subject land.

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: 27-07-2021

VSL

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITON NO.14660 of 2021

Date: 27-07-2021

VSL