Andhra Pradesh High Court - Amravati
Vemuluri Srinivasulu, vs The State Of Andhra Pradesh, on 18 March, 2020
Author: M. Satyanarayana Murthy
Bench: M. Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
Writ Petition No.7484 of 2020
ORDER:
This writ petition under Article 226 of Constitution of India is filed, to issue Writ of Mandamus, questioning the highhanded action of the respondents 2 to 4 and more particularly respondent No.4 in attempting to dispossess the petitioner from the schedule property in an extent of Ac.0.11½ cents out of Ac.0.28 cents in Sy.No.372 situated at Gajjalavaripalem Village, Kaligiri Panchayat, Kaligiri Mandal, SPSR Nellore District, even though there is a clear direction from this Court in W.P.No.3055 of 2012 dt.08-02-2012 to follow the procedure prescribed under the law, and declare the same as illegal, arbitrary and violative of provisions of the Right to Fair Compensation and Rehabilitation and Resettlement Act, 2013 apart from contrary to Articles 14, 19, 21 of the Constitution of India and consequently direct the respondents to allow the petitioner to erect pucca house and to cultivate in the above said property.
The petitioner is claiming that the petitioner lived with his parents and brother in the schedule property bearing D.No.77, in an extent of Ac.0.28 cents in Sy.No.372 situated at Gajjalavaripalem Village, Kaligiri Panchayat, Kaligiri Mandal, SPSR Nellore District for the last eighty years by erecting pucca house, cattle shed etc., At about 25 years ago all the villagers were migrated from Gajjavaripalem to the nearby village of Kaligiri Panchayat with an apprehension of floods from nearby Gajjalavaripalem Village Water Tank flowing from Vagu before construction of Somasila Project Reservoir. The petitioner's mother executed a family settlement deed dt.07-08-2011, settling the schedule property. As per the deed of settlement the schedule property has been divided between the petitioner and his brother, each an extent of Ac.0.11½ cents out of Ac.0.28 cents. The remaining extent of Ac.0.05 cents was donated to Ramalayam Temple of Gajjalavaripalem, Kaligiri Village. The petitioner took separate possession of the property of Ac.0.11 ½ cents and his brother has also taken possession of Ac.0.11 ½ cents and enjoying the same without any interruption.
When the respondents made attempt to dispossess them without following due process of law, W.P.No.3055 of 2012 was filed on the file of erstwhile High Court of Andhra Pradesh, Hyderabad and the same was disposed of on 08-02-2012 with a direction to the respondents to follow the procedure prescribed under law in case the petitioners are to be dispossessed from the land in dispute. Thereafter, the respondents did not touch the schedule property. However, the petitioner and his brother are raising different vegetable gardens in the property to eke-out their livelihood and title depending on the income derived from the vegetable garden. After passing order in W.P.No.3055 of 2012 on 08-02-2012 the petitioner made a representation dt.30-12-2019 to the respondents 3 and 4 to remove the display board at the site. However, the respondents are threatening the petitioner not to erect house and objecting cultivation of vegetable garden, thus and their action is illegal and arbitrary.
During hearing learned counsel for petitioner reiterated the contentions urged in the affidavit filed along with the Writ Petition. Whereas, learned Assistant Government Pleader for Revenue strangely contended that the representation dt.30-12-2019 is pending for consideration before the concerned authorities submitted in 'Spandana Programme'.
The learned counsel for petitioner contended that the possession of the petitioner is substantiated by the material produced viz., demand notices and the copy of earlier order in W.P.No.3055 of 2012 dt.08-02- 2012. Taking advantage of these documents he contended that they are continuing in possession and enjoyment of the same. Occupation of the land in an extent of Ac.0.28 cents in Sy.No.372 situated at Gajjalavaripalem Village, Kaligiri Panchayat, Kaligiri Mandal, SPSR Nellore District is not much in controversy and the said fact is substantiated by the order in W.P.No.3055 of 2012 dt.08-02-2012, wherein the respondents are directed to follow the procedure in case the respondents attempting to remove the unauthorized occupations the respondents are bound to follow the procedure. In view of the directions issued in the earlier Writ Petition without following such procedure they cannot interfere with the petitioner enjoyment and raising pucca house and to cultivate the land by raising vegetable garden. Hence, the respondents are directed to adhere to the directions issued in earlier Writ Petition and not to dispossess the petitioner except by due process of law, even assuming that the petitioner is an encroacher of the land, the respondents are under obligation to follow due process of law in view of law laid down 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."1
Appeal (civil) 7662 of 1997 2 1975 AIR 1674 = 1975 SCR 299 3 1968 AIR 702 = 1968 SCR (2) 408 Applying the same principle laid down in the above judgment, I deem it appropriate to direct the respondents not to interfere with the petitioner's enjoyment by raising pucca house and from raising vegetable garden in their ancestral property till he is evicted by due process of law.
With the above direction, the Writ Petition is disposed of, at the stage of admission, with the consent of both the counsel. No costs.
Consequently, miscellaneous petitions, if any, pending shall stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Dated 18.03.2020 IS THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Writ Petition No.7484 of 2020 Dated 18.03.2020 IS