Gudipalli Santhi, vs The State Andhra Pradesh,
2021 Latest Caselaw 2131 AP

Citation : 2021 Latest Caselaw 2131 AP
Judgement Date : 24 June, 2021

Andhra Pradesh High Court - Amravati

Gudipalli Santhi, vs The State Andhra Pradesh, on 24 June, 2021

  THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITON NO.11742 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, direct the Respondents 4 and 5 not to evict the petitioner from the residential Plot in Sy.No. 360 an extent of Ac. 0.02 cents situated at Kolalapudi Village, Martur Mandal, Prakasam District with regard to the Assessment No. 1112 of the 6th respondent Gram Panchayat based on the House Site Patta on 04.01.2019 issued by the 4th respondent ..."

The case of the petitioner is that the 4th respondent issued

House Site Patta to the petitioner on 04.01.2019 to an extent of Ac.

0.02 cents in Sy.No. 360 situated Kolalapudi Village, Martur

Mandal, Prakasam District and the petitioner has constructed the

Tin Shed Roofed House therein. The petitioner paid house tax to

the 6th respondent. On 14.06.2021 the 4th respondent informed the

petitioner to vacate the plot and the petitioner submitted the patta

issued in his favour. Thereafter on 16.06.2021 the 5th respondent

came to the petitioner's house, as per directions of the 4th

respondent and insisted to vacate the house, which is illegal and

arbitrary. Hence this Writ Petition is filed.

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."

Hence, recording submission of the learned Assistant

Government for Revenue placed on record the written instructions

in Rc.B/79/2021, dated 18.06.2021 and fairly submitted that the

respondents are not interfering with possession of the petitioner's

property, 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.