Andhra Pradesh High Court - Amravati
Chirumamilla Srinivasa Rao. vs The State Of Andhra Pradesh, on 8 July, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.13158 of 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
"....to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in insisting petitioners to vacate from their house and enclosed site properties bearing plot Nos.11 & 2 admeasuring an extent of Ac.0.05 cents each covered by Sy.No.7/1 of Annavarappadu Revenue Village, Ongole Municipal Corporation area, Ongole Mandal, Prakasam District, as illegal, irrational, without any authority of law and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners' peaceful possession and enjoyment over their said house and enclosed site properties and pass such other order..."
The case of the petitioners is that they were assigned house sites admeasuring Ac.0.05 cents each bearing plot Nos.11 & 2 in Sy.No.7/1 of Annavarappadu Revenue Village vide house site patta D.K.No.242/402 and 60/98P. Since then, they have been continuing in possession and enjoyment of the said house sites by raising sheet shed houses, without any interruption from any one. The 1st petitioner has been paying electricity charges, house tax and water tax regularly to the authorities concerned. The 2nd petitioner's sheet shed was collapsed in the recent heavy rains. While he was re-erecting the same the 4th respondent along with his survey staff visited the petitioners' house and orally insisted them to vacate therefrom alleging that the same is required for being granted as house sites to third parties, without issuing any notice. When the petitioners questioned, they informed that they were instructed by the respondents 2 & 3 to that effect and that they have every authority to ask the petitioners to vacate the house and they need not issue any notice or order in that regard. On 2 28.06.2021 the 4th respondent and his office staff again came to the plots and insisted them to vacate their house and enclosed sites immediately; and if they fail to do so, they will come with police force and see that the petitioners are evicted forcibly. Hence this Writ Petition.
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 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. 1 AIR 2004 SC 4609 2 1975 AIR 1674 = 1975 SCR 299 3 1968 AIR 702 = 1968 SCR (2) 408 3 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:08-07-2021 KK 4 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.13158 of 2021 Date:08-07-2021 KK