Andhra Pradesh High Court - Amravati
Srinivavasa Market Complex ... vs The State Of Andhra Pradesh, on 15 June, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.11047 of 2021
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
"to issue an appropriate Writ or order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in not taking any action against the unofficial respondent No.3, even after several representations orally and also in writing on 03.04.2021 which I have made to the Municipal Commissioner, stating that the respondent No.3 is making construction by trespassing into the road and making illegal constructions in common corridors without obtaining any permissions from the Municipality, as being illegal, arbitrary and is of violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith remove the illegal constructions that have been made without any plan by encroaching the corridors and road forthwith and to pass such other order or 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 Revenue that the respondent authorities will follow due process of law.
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."1
Appeal (civil) 7662 of 1997 2 1975 AIR 1674 = 1975 SCR 299 3 1968 AIR 702 = 1968 SCR (2) 408 2 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: 15-06-2021 VSL 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.11047 of 2021 Date: 15-06-2021 VSL