Andhra Pradesh High Court - Amravati
Mettukuru Subba Reddy, S/O. Subba ... vs State Of Andhra Pradesh, on 9 November, 2022
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.14082 of 2015
ORDER
This petition is filed under Article 226 of the Constitution
of India, seeking the following relief:-
"....to issue to issue an appropriate writ order or direction more
particularly one in the nature of Writ of Mandamus declaring the action
of the respondents in interfering with peaceful possession and
enjoyment of the agricultural lands of the Petitioners for the purpose of
formation of Road to the Sand Reach No.7093355671 at Lingamgunta
Village of Ananthasagaram Mandal, SPSR Nellore District, without
issuing any notice and without following due process of law in
acquiring the same under the provisions of Right to Fair Compensation
and transparency in Land Acquisition Rehabilitation and Resettlement
Act, 2013, is arbitrary, unreasonable and consequently direct the
respondents not to interfere with the peaceful possession and
enjoyment of the direct the respondents not to interfere with the
peaceful possession and enjoyment of the agricultural lands of the 1st
Petitioner to an extent of Ac.0.40 cents and an extent of Ac.0.26 cents
situated in Survey No.328/1/B of Bedusupalli village,
Ananthasagaram Mandal, Sri Potti Sriramulu Nellore District ..."
When this Writ Petition came for admission, this Court
has passed an Interim Order on 11.06.2015, which is as
follows:
„The matter is taken up by way of a lunch motion.
Perusal of the documents filed by the petitioners reflects that their
names are entered in the revenue record in respect of the land in
Survey No.328/1B of Bedusupalli Village, Anathasagaram Mandal,
Sri.Potti Sreeramulu Neelore District, evidencing their possession.
In that view of the matter, there shall be a direction to the respondent-
authorities not to interfere with their possession over the subject land
except in accordance with the due procedure laid down by law‟.
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 there is no fresh proposal
recommended for Sand Reach at Lingamgunta H/o.Bedusupalli
Village and further informed that if any such proposal comes,
the land acquisition proposals for formation of approaching road
28 will be initiated as per due process laid down under Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Re-settlement Act,2013, if at all the
petitioners were 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:-
AIR 2004 SC 4609
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."
In view of the submissions 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 closed by directing the respondent-authorities not to
interfere with the possession and enjoyment of the petitioners
over the subject lands, if at all petitioners are in possession and
enjoyment of the subject lands, without following due process
as contemplated under 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 V.SUJATHA
Date : 09.11.2022
AVTP
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.14082 of 2015
Date : 09.11.2022
AVTP
