Andhra Pradesh High Court - Amravati
Rokkam Savithri, vs State Of Andhra Pradesh, on 28 February, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON No.4691 of 2020
ORDER:
This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in contemplating to grant house site pattas to various beneficiaries on public passage covered by Survey No.156 admeasuring an extent of Ac.1.17 cents situated at Challachinthalapudi Village, Denduluru Mandal, West Godavari District, thereby blocking petitioners' access to their agricultural lands and also notice in Rc.No.102/2020(A) dated 29.01.2020, as illegal, irregular, irrational, without jurisdiction, violative of principles of natural justice; provisions of Standing Order 15 of Andhra Pradesh Board Standing Orders; Andhra Pradesh Panchayat Raj Act, 1994; Andhra Pradesh Land Encroachment Act, 1905 and offends Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents not to grant any portion of said road as house sites to any beneficiaries and not to interfere with the peaceful possession and enjoyment of the petitioners over their respective agricultural landed properties covered by Survey Nos.155 and 157 of same village as well as passage approach site.
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.
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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, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 28-02-2020 Ivd 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.4691 of 2020 Date: 28-02-2020 Ivd