Srinivavasa Market Complex ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1991 AP

Citation : 2021 Latest Caselaw 1991 AP
Judgement Date : 15 June, 2021

Andhra Pradesh High Court - Amravati

Srinivavasa Market Complex ... vs The State Of Andhra Pradesh, on 15 June, 2021

    THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITON NO.11047 of 2021

ORDER:

This petition is filed under Article 226 of the Constitution of

India, seeking the following relief:-

"to issue an appropriate Writ or order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in not taking any action against the unofficial respondent No.3, even after several representations orally and also in writing on 03.04.2021 which I have made to the Municipal Commissioner, stating that the respondent No.3 is making construction by trespassing into the road and making illegal constructions in common corridors without obtaining any permissions from the Municipality, as being illegal, arbitrary and is of violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith remove the illegal constructions that have been made without any plan by encroaching the corridors and road forthwith and to pass such other order or orders."

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.

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."

Appeal (civil) 7662 of 1997

1975 AIR 1674 = 1975 SCR 299

1968 AIR 702 = 1968 SCR (2) 408

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