Constitution Of India vs Apex Court Referred Above
2021 Latest Caselaw 3649 AP

Citation : 2021 Latest Caselaw 3649 AP
Judgement Date : 21 September, 2021

Andhra Pradesh High Court - Amravati

Constitution Of India vs Apex Court Referred Above on 21 September, 2021

  THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITON NO.20823 of 2021

ORDER:

This Writ 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 impugned action of the respondents in interfering with petitioner's possession and enjoyment of the property situated in S.No. 82 of an extent of Ac. 0.70 Cents, Anupalle Revenue village, Chittoor Rural Mandal, Chittoor District and to declare the action of respondents as illegal, arbitrary, unconstitutional and being violative of articles 14, 21 and 300-A of the constitution of India and in violation of principal of natural justice and consequently direct the respondents to not to interfere in to petitioner's peaceful possession and enjoyment of the property stated supra and pass such other orders.."

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 and also placed on record the written instructions of 3rd

respondent/ Tahsidar in Roc.A/689/2021, dated 19.09.2021,

which reads as follows:-

"While the things stood thus, the lands in Sy.No. 83/2, 3 to an extent of around 5 acres, which were situated adjacent lands of this Grazing land was acquired for the purpose to provide house sites to Landless poor. At the time of forming Layouts in the acquired lands, the field machinery of Revenue Department on prima facie enquiry noticed that some portion of the land in Sy.No. 82, which is classified as Grazing land has been encroached by Sri N. Lokanadha Naidu, resident of Thimmasanipalli Village. The respondent authorities have not interfered with the possession and enjoyment of the petitioner. However, the exact extent of encroachment will be known only after conduction of detailed survey of the total land in Sy.No. 82 of Anupalli Village. Necessary action will be initiated under due process of law, if any encroachments were found in the above Grazing land."

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,

wherein 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 the submission of the learned Assistant

Government Pleader for Revenue and in view of the judgments of

Apex Court referred above, the respondents are directed not to

dispossess the petitioner, 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