Andhra Pradesh High Court - Amravati
Chabuk Sawaar Abdul Rehman vs The State Of Andhra Pradesh on 6 March, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.5817 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 respondents 2 to 4 in interfering with the petitioners rights over the land in an extent of Ac. 1.94 cents in Sy.No. 67 of Kadapa fields, Kadapa Mandal, YSR District belong to the petitioner, stating that the same is recorded as Water Spread Area in the Adangal, even though, the same was assigned in favour of petitioners father Late Chabuk Sawaar Abdul Razak, through the D-Form Patta in DKT No.57/1388 dt. 30-09-1977 under Ex-Servicemen Quota as arbitrary, illegal, colourable exercise of powers and well established legal principles apart from being violative of the fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of Constitution of India and consequently to direct the 4th respondent and his subordinate staffs not to interfere with petitioners rights over the above subject land in any manner.
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.
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:- 1
Appeal (civil) 7662 of 1997 2 1975 AIR 1674 = 1975 SCR 299 3 1968 AIR 702 = 1968 SCR (2) 408 2 "...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 interfere with possession of 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: 06-03-2020 IS 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.5817 of 2020 Date: 06-03-2020 IS