Shaik Ramijabee, vs The State Of Ap
2021 Latest Caselaw 3614 AP

Citation : 2021 Latest Caselaw 3614 AP
Judgement Date : 17 September, 2021

Andhra Pradesh High Court - Amravati

Shaik Ramijabee, vs The State Of Ap on 17 September, 2021

Bench: M.Satyanarayana Murthy

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                           WRIT PETITON NO.17239 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 Respondent declaring the action of the respondents in seeking to dispossess the petitioners from their plots No. 57, 23, 19, 142 and 6 respectively admeasuring an extent of Ac. 0.03 cents in Sy.No. 965/1 and 969, situated at Talamadipi Village and Midtur Mandal by allotting the petitioners house sites to the third parties as illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents not to interfere with possession and enjoyment of the petitioners from Plot Nos. 57, 23, 19, 142 and 6 respectively admeasuring an extent of Ac. 0.03 cents in Sy.No. 965/1 and 969, situated at Talamadipi Village and Midtur Mandal, Kurnool District and pass such other orders....."

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.

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

AIR 2004 SC 4609

1975 AIR 1674 = 1975 SCR 299

1968 AIR 702 = 1968 SCR (2) 408

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

petitioners, 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.