Andhra Pradesh High Court - Amravati
B Sarojamma vs The State Of Andhra Pradesh, on 17 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.11148 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, declaring the action of
respondents in marking on petitioner's property i.e. shop
rooms having D.No.6-1-115 (Assessment No.1004007344), 6-
1-116 (1004007345) situated at Railway Station Road,
Hindupur Town, Anantapur District to demolish the
structures in the name of widening of existing road without
following due process of law, without initiating land
acquisition and without paying compensation under the
provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, as illegal, arbitrary and violative of
Articles 14, 19(1)(g), 21 and 300-A of the Constitution of
India and consequently direct the respondents not to
demolish the subject shop rooms without paying
compensation and pass such other orders".
2. The case of the petitioner in brief is that the petitioner is
the absolute owner and possessor of shop rooms bearing
D.No.6-1-115 (Assessment No.1004007344), 6-1-116
(Assessment No.1004007345) situated at Railway Station Road,
Hindupur Town, Anantapur District and the petitioner
succeeded the same as legatee under the Will dated 16.02.1985
executed by his mother Bajantri Lakshmma.
3. The petitioner's mother purchased the above property
along with other property in a Court auction as highest bidder
in the auction held on 07.01.1964 in the Subordinate Judge's
Court at Anantapur, the sale was confirmed on 20.06.1968 and
the petitioner's mother became absolute owner and possessor of
the properties since the date of purchase and obtained sale
certificate from the Court.
4. While the matter stood thus on 11.06.2021, the
respondent authorities came to the subject property and
earmarked the same by putting a red mark to the shops of
petitioner proposing to demolish the shop rooms for road
widening without following due procedure and insisting the
petitioner to vacate the premises. Hence, the proposed action of
the respondents to demolish the shop rooms without following
procedure is illegal and arbitrary.
5. During hearing, the learned counsel for the petitioner
reiterated his contentions urged in the petition whereas learned
Assistant Government Pleader for Revenue and Sri N.Ranga
Reddy, learned Standing Counsel for Municipalities,
Rayalaseema fairly submitted that the respondent authorities
will follow due process of law before widening the road.
6. It is settled law that a person in settled possession can't be
evicted 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:-
AIR 2004 SC 4609
1975 AIR 1674 = 1975 SCR 299
1968 AIR 702 = 1968 SCR (2) 408
"...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."
7. Recording the submissions of learned Government Pleader
for Revenue and the learned Standing Counsel for Municipalities
and in view of the judgments of Apex Court referred above, the
respondents are directed not to dispossess the petitioner or
demolish the shop rooms bearing D.No.6-1-115 (Assessment
No.1004007344), 6-1-116 (Assessment No.1004007345) of the
petitioner, except by due process of law.
8. In the result, the Writ Petition is allowed directing the
respondents not to dispossess the petitioner, except by due
process of law. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications
are closed.
_________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date: 17.06.2021
KA
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
Writ petition No.11148 of 2021
Date: 17.06.2021
KA
