Andhra Pradesh High Court - Amravati
D.Arun Kumar, vs The State Of Andhra Pradesh, on 27 August, 2024
APHC010666032014
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY SEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 39624 OF 2014
Between:
D.Arun Kumar, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. E V V S RAVI KUMAR
Counsel for the Respondent(S):
1. V T M PRASAD
2. GP FOR ENDOWMENTS (AP)
The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India
"to
to issue a Writ or Order or Direction more particularly one in the nature of
Writ of Mandamus declaring the action of respondents 2 and 3 in trying to dispossess
the petitioner from an extent of Acs 3
3-80 cents in Sy.No.338, situated at Duggidurru
Village, Kajuluru Mandal
Mandal, East Godavari District without following the due process of
law as Illegal, arbitrary and violation of Article 14
14, 300-A of the Constitution of India
and consequently direct the respondents 2 and 3 to follow the due process of law and
to pass such other and further 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 Endowments 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 constitutional right under Article 300-A of the
Constitution."
Recording submission of the learned Assistant Government for
Endowments 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 against the petitioner, except by
due process of law.
With the above direction, this Writ Petition is disposed of with the
consent of both the counsel. However, this order will not preclude the
AIR 2004 SC 4609
1975 AIR 1674 = 1975 SCR 299
1968 AIR 702 = 1968 SCR (2) 408
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.
______________________________
DR. JUSTICE K. MANMADHA RAO
Date: 27.08.2024.
KK
