Andhra Pradesh High Court - Amravati
Kantipaka Ramana vs State Of Andhra Pradesh, on 18 February, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.3757 of 2020
ORDER:
This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, questioning the action of respondents in insisting the petitioner's to vacate from his agricultural lands admeasuring Ac.1.20 cents in Survey No.888 and Ac.1.00 cents in Survey No.852/3 situated in Ampolu Village of Gara Mandal in Srikakulam District for the purpose of allotment of house sites to the weaker sections under "Navaratnalu Pedalandariki illu" scheme without initiating proceedings under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and declare the same as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India, consequently direct the respondents not to interfere with the petitioner's subject land.
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 Revenue that the respondent authorities will follow due process of law.
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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."
Recording submission of the learned Assistant Government for Revenue 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, 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: 18-02-2020 IS 1 Appeal (civil) 7662 of 1997 2 1975 AIR 1674 = 1975 SCR 299 3 1968 AIR 702 = 1968 SCR (2) 408 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.3757 of 2020 Date: 18-02-2020 4 Note: Issue copy by 17-02-2020 B/o.
IS