Andhra Pradesh High Court - Amravati
Banduvula Uma vs State Of Andhra Pradesh on 9 November, 2022
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No. 17864 of 2015
ORDER
This petition is filed under Article 226 of the Constitution
of India, seeking the following relief:-
"....to issue Writ of Mandamus, declaring the high handed action of the
4th respondent in trying to interfere into agricultural operations of the
petitioner over the land admeasuring Ac O86 Cents under sy no 21/1
and land admeasuring Ac 637 Cents under sy no 22/1 situated at
Mattempudi Village Nellore Rural Mandal SPSR Nellore District by way
of preventing the petitioner to carry out essential agricultural activities
without assigning any reasons and without issuing any prior notice to
the petitioner or without following the procedure contemplated under
law as illegal arbitrary unjust unconstitutional in violation of principles
of natural justice and also as against the provisions of A.P.Land
Encroachment Act, 1905, and consequently direct the respondents 2 to
4 not to interfere into agricultural operations of the petitioner over the
subject lands without following the procedure contemplated under law
and to pass such other order or orders as this Honble Court may
deems fit and proper ..."
When this Writ Petition came for admission, this Court has
passed an Interim Order on 18.06.2015, which is as follows:
„Form 1-B issued by the Tahsildar, Nellore Mandal, SPSR Nellore
District, under the provisions of Andhra Pradesh Rights in Land and
Pattadar Pass Books Act, 1971, indicates that the petitioner is in
possession of land admeasuring Ac.6.37 cents in Survey No.22/1,
Ac.0.86 cents in Survey No.21/1 and Ac.0.09 cents in Survey No.19 of
Mattempudi Village, Nellore Rural Mandal, SPSR Nellore District.
There shall accordingly be a direction to the Revenue Authorities not to
interfere with her agricultural operations in the said lands except in
accordance with the due procedure laid down by law.‟
‟
The petitioner's claim is only to follow the due
process of law, in case the respondents are attempting to
interfere with the agricultural operations of petitioner over
the subject lands.
When the matter came up for hearing, learned counsel for
the petitioners reiterated the contentions urged in the petition
and the learned Assistant Government Pleader for Revenue
submitted that respondent-authorities will follow due process of
law, if at all the petitioner is in possession and enjoyment of the
subject lands.
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."
AIR 2004 SC 4609
1975 AIR 1674 = 1975 SCR 299
1968 AIR 702 = 1968 SCR (2) 408
Though there are several allegations in the writ petition,
the truth or otherwise of the allegations need not be adjudicated
by this Court, 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 agricultural operations of the
petitioners in the subject lands and further directed not to
interfere with the possession and enjoyment of the petitioners
over the subject lands, if at all they are in possession and
enjoyment of the subject lands, without following due process
as contemplated under law.
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.17864 of 2015
Date : 09.11.2022
AVTP
