Gopathoti Babu Rao vs The State Of Andhra Pradesh
2021 Latest Caselaw 2139 AP

    THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITON NO.11633 of 2021

ORDER:

This petition is filed under Article 226 of the Constitution of

India, seeking the following relief:-

"....to issue a Writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of respondents 2 to 4 in not taking any action against the 5th respondent for excavating the soil from the land in Sy.No.170 to an extent of Ac.5.00 cents situated at Daggubadu village, Karamchedu Mandal, Prakasam District which was allotted to the petitioner and other beneficiaries as house sites, inspite of the representation dt.31.5.2021 submitted by the petitioner is illegal and arbitrary and consequently direct the respondent Nos.2 to 4 to consider and take action of the representation dt.31.05.2021 and to grant such other relief...".

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:-

"...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."

Appeal (civil) 7662 of 1997

1975 AIR 1674 = 1975 SCR 299

1968 AIR 702 = 1968 SCR (2) 408

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: 25-06-2021

sj

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITON NO.11633 of 2021

Date: 25-06-2021

sj