Andhra Pradesh High Court - Amravati
Pasupuleti Gopala Krishnaiah vs The State Of Andhra Pradesh on 25 June, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.11661 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 declaring the action of respondents 2
to 5 in contemplating to demolish petitioners' houses bearing old
Door Nos.4/352-6 to 12 and 4/498 to 4/503, new Door
Nos.47/352-9, 10, 11 and 47/331-1, 47/331-1-1, 47/331-1-2
and 47/331-1-3 situated in Survey No.542 of Chemmumiahpeta
Revenue ward No.47 in Kadapa city and Mandal of YSR Kadapa
District and further insisting them to vacate from their said
houses and enclosed site properties without following any known
procedure established by law, as illegal, irregular, irrational,
violative of Articles 14, 21 and 300-A of Constitution of India and
consequently direct the respondents not to interfere with
petitioners' possession and enjoyment over their said houses and
enclosed site properties and pass such other order or order as
this Hon'ble Court may deem fit and proper in circumstances of
the case".
Though the petitioners 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:-
Appeal (civil) 7662 of 1997
1975 AIR 1674 = 1975 SCR 299
1968 AIR 702 = 1968 SCR (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 300A of the
Constitution."
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.11661 of 2021
Date: 25-06-2021
sj
