Andhra Pradesh High Court - Amravati
Smt. M.Kavitha vs The State Of Andhra Pradesh on 20 July, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.13999 of 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
"....to issue Writ or Direction especially one in the nature of Writ of Mandamus declaring the action of the 4th respondent in trying to demolish and dispossess the petitioners from their peaceful possession and enjoyment of the House Sites bearing File No P/804/18 dated 221018 for an extent of Ac 0 21/2 cents each in Sy No 564 of Piler village and Mandal Chittoor District without following due process of law is illegal arbitrary highhanded and violation of Article 19 and 21 of the Constitution of India and consequently direct the 4th respondent not to interfere with the peaceful possession and enjoyment of the petitioners respective plots admeasuring an extent of Ac 0 21/2 cents each in Sy No 564 of Piler village and Mandal Chittoor District.."
Though the petitioners 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 Revenue that the respondent authorities will follow due process of law. The material on record prima facie establishes that the petitioners are in possession of the disputed property.
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, 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 1 AIR 2004 SC 4609 2 1975 AIR 1674 = 1975 SCR 299 3 1968 AIR 702 = 1968 SCR (2) 408 2 constitutional right under Article 300A of the Constitution."
Hence, recording the submission of the learned Assistant Government for Revenue and in view of the judgments of Apex Court referred above, the respondents are directed not to dispossess the petitioners, except by due process of law.
With the above direction, this Writ Petition is disposed of, at the stage of admission, with the consent of both the counsel. However, this order will not preclude the 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.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 20-07-2021 AKN 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.13999 of 2021 Date: 20-07-2021 AKN