Dara Gnana Ratnam, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2060 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION NO.9899 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 preferably a Writ in the nature of Mandamus declaring the action of the 4th respondent in evicting the petitioner from the land in survey No.179-1 for an extent of Ac.0.10 cents situated at Remidicherla village, Bollapalli Mandal, Guntur District without following due process of law as illegal, arbitrary, irrational and violation of the principles of Natural Justice and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess or interfere with the possession of the petitioners' above said lands without following due process of law."

2. 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.

3. In Rame Gowda (D) by Lrs v. M.Varadappa Naidu (D)

by Lrs.& Anr1, Ram Rattan v. State of Uttar Pradesh2 and

Munshi Ram v. Delhi Administration3, the Hon'ble Supreme

Court held as follows:

Appeal (civil)7662 of 1997

1975 AIR 1674=1975SCR299

1968 AIR 702=1968SCR(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 300-A of the Constitution."

4. Recording the 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 the Hon'ble Apex Court referred above, the

respondents are directed not to take any coercive steps, except

by due process of law.

5. 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 of the Writ petition.

The miscellaneous petitions pending, if any in the Writ

Petition, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 21.06.2021

MP