T.Gurramma, vs The State Of Andhra Pradesh
2021 Latest Caselaw 2109 AP

Citation : 2021 Latest Caselaw 2109 AP
Judgement Date : 23 June, 2021

Andhra Pradesh High Court - Amravati

T.Gurramma, vs The State Of Andhra Pradesh on 23 June, 2021

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                           WRIT PETITON NO.11666 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 Nos.3 and 4 in interfering with petitioner's rights over the land in an extent of Ac. 2.00 cents in Sy.No. 14/1 and Ac. 3.00 cents in Sy.No. 146/29 of Peddakappali Village, Peddapanajani Mandal, Chittoor District, stating that the same is required for allotment of house sites to the land less poor without following due process of law 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 3 and 4 not to interfere with their possession over an extent of said lands of petitioner without following the due process of law..."

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

petitioner is 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."

AIR 2004 SC 4609

1975 AIR 1674 = 1975 SCR 299

1968 AIR 702 = 1968 SCR (2) 408

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