Andhra Pradesh High Court - Amravati
Pitani Raja Ratnam vs The State Of Ap on 21 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.11365 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
respondents in interfering with the peaceful possession and
enjoyment of the Petitioner over the land to an extent of 626 Sq
Yards equivalent to 525.4 Sq Meters situated in Sy.No.96 in
Plot Nos.60 and 61 situated at ThunglamVillage of Gajuwaka
Mandal Visakhapatnam District and trying to dispossess the
Petitioner from the said land without any right whatsoever is as
illegal arbitrary unjust and contrary to the Fundamental Rights
enshrined under the Constitution of India and consequently direct
the respondents not to interfere with the peaceful possession and
enjoyment of the Petitioner over the land to an extent of
626 Sq. Yards equivalent to 525.4 Sq Meters situated in
Sy.No.96 in Plot Nos.60 and 61 situated at ThunglamVillage of
Gajuwaka Mandal Visakhapatnam District and not to dispossess
the Petitioner from the said land without following due process of
law 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:-
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."
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.11365 of 2021
Date: 21-06-2021
IS
