Andhra Pradesh High Court - Amravati
Komera Venkata Ramana S/O ... vs The State Of Andhra Pradesh, on 9 November, 2022
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.7251 of 2015
ORDER
This petition is filed under Article 226 of the Constitution
of India, seeking the following relief:-
"....to issue Writ of Mandamus or any other appropriate Writ direction
or order declaring the action of the Respondents No.3 and 4 in making
efforts to dispossess the petitioner from peaceful possession and
enjoyment of his agriculture land admeasuring an extent of Ac.1.32
Cents in Survey No.45/12, Bandlapalli village, Talapula Mandal,
Anantapur District, as illegal, irregular, irrational without jurisdiction
and violative of Articles 14, 21 and 300A of constitution of India and
consequently direct the Respondents No.3 to 4 not to dispossess the
Petitioner from his agriculture land admeasuring an extent of Ac 1.32
Cents in Survey No.45/12, Bandlapalli Village, Talapula Mandal,
Anantapur District, without following due process of law ..."
When this Writ Petition came for admission, this Court
has passed an Interim Order on 20.03.2015, which is as
follows:
„There shall be Interim Direction as prayed for‟.
When the matter came up for hearing, learned counsel for
the petitioners reiterated the contentions urged in the petition.
On the other hand, the learned Assistant Government
Pleader for Revenue submitted that the respondent-authorities
will follow due process of law, if at all the petitioner was in
possession and enjoyment of the agricultural land in an extent
of Ac.1.32 cents in Survey No.45/12, Bandlapalli Village,
Talapula Mandal, Anantapur District.
It is also 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."
In view of the submission made by the learned Assistant
Government Pleader for Revenue and also by applying the
principle laid down in the above judgment to the present facts of
the case, without going into the merits of the case, the Writ
Petition is disposed of directing the respondent-authorities not
to interfere with the possession and enjoyment of the petitioner
over the subject land, if at all petitioner is in possession and
enjoyment of the subject land, without following due process as
contemplated under law.
AIR 2004 SC 4609
1975 AIR 1674 = 1975 SCR 299
1968 AIR 702 = 1968 SCR (2) 408
With the above direction, this Writ Petition is disposed of,
with the consent of both the counsel. There shall be no order
as to costs.
As a sequel, Interlocutory Applications pending, if any, in
this Writ Petition, shall stand closed.
_______________________
JUSTICE V.SUJATHA
Date : 09.11.2022
AVTP
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.7251 of 2015
Date : 09.11.2022
AVTP
