Darapujogarao, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2104 AP

Citation : 2021 Latest Caselaw 2104 AP
Judgement Date : 23 June, 2021

Andhra Pradesh High Court - Amravati

Darapujogarao, vs The State Of Andhra Pradesh, on 23 June, 2021

  THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITON NO.11567 of 2021

ORDER:

This Writ 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 trying to interfere with peaceful possession and enjoyment of the petitioners over their lands admeasuring Ac. 0.26 cents and Ac. 0.03 cents respectively totally admeasuring Ac. 0.29 cents situated in Sy.No.168-11 of Narasingapalli Village, Tekkali Mandal, Srikakulam District as illegal arbitrary unjust without jurisdiction and violative of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with their possession over an extent of said lands of petitioners ..."

The case of the petitioners is that they inherited the subject

land among other lands from their respective father and their

names were mutated in all revenue records and pattadar pass

books were issued vide Khata Nos. 80 and 529, respectively and

the petitioners have been in possession and enjoyment of their

respect lands. On 11.06.2021 the respondents and their staff

visited the lands of the petitioners and started digging the land by

making certain markings. In view of high handed action of the

respondents, the agricultural operations could not be done by the

petitioners. The petitioners resisted the high handed acts of the

respondents. Hence this Writ Petition.

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. The material on record prima facie establishes that the

petitioners are in possession of the disputed property.

It is settled law that a person in settled possession cannot be

dispossessed 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:-

"...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."

Hence, 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.