Smt Korada Sarswathi, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2053 AP

    THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                           WRIT PETITON NO.11401 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, aggrieved by the action of Respondents in illegally interfering with Petitioner peaceful possession and ownership of the land in Sy.No.9316 in an extent of Ac.0.20 cents, situated at Pudivalasa Village Etcherla Mandal Srikakulam District and forced to vacate the land without issuing any notice and without following any procedure which is highly illegal unjust arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 300A, 14, 86 and 21 of Constitution of India and consequently direct the Respondents not to interfere with Petitioner peaceful possession of the land Sy.No.9316 an extent of Ac.0.20 cents situated at Pudivalasa Village Etcherla Mandal Srikakulam District and pass such other order..."

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."

AIR 2004 SC 4609

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

as to costs.

As a sequel, Interlocutory Applications pending, if any, in

this Writ Petition, shall stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 21-06-2021

IS

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITON NO.11401 of 2021

Date: 21-06-2021

IS