Disposed

Yalangi Muniyya v. the State of Andhra Pradesh

Andhra Pradesh HC17 Jul 2020WP/10227/2020

Case brief

AI extract

What is this about?

This order disposed of a Writ Petition seeking a direction to prevent respondents from dispossessing the petitioner without adhering to due process of law. The Court, noting settled possession based on prior civil orders, directed respondents not to interfere with the petitioner's possession except by legal process.

What did the court decide?

The respondents are directed not to dispossess the petitioner from the subject land except by due process of law.

Yalangi Muniyya Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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Writ Petition No.10227 of 2020

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ORDER:

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This Writ Petition under Article 226 of Constitution of India is filed, to issue Writ of Mandamus, questioning the action of respondents 3 to 5 demanding the petitioner to vacate and hand over the land in her possession and enjoyment i.e., Ac.0.03 cents of vacant site on the northern side of petitioner’s house bearing Door No.2-768 existing in Sy.No.17/7 of Amalapuram Canal Bund Road, situated at Vedireeswaram Village, Ravulapalem Mandal, East Godavari District, at the instance of 6^th respondent, without issuing any notice, and declare the same as illegal, arbitrary and against the principles of natural justice, and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner over the subject property, in any manner without following due process of law.

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During the course of hearing, learned counsel for petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from the subject property, without following due process of law.

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Learned Assistant Government Pleader for Revenue appearing for respondents 1, 2, 3, 5 and 6 and also Sri I.Koti Reddy, learned Standing Counsel for Panchayats appearing for Respondent No.4 admitted that the petitioner is continuing in possession of the subject property and requested to pass appropriate orders.

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Admittedly, by virtue of judgment in O.S.No.106 of 2012, Commissioner’s Report in I.A.No.86 of 2014 in O.S.No.106 of 2012 and the order in I.A.No.298 of 2017 in O.S.No.106 of 2012 on the file of the Junior Civil Judge, Kothapeta, East Godavari District, the petitioner is in settled possession and enjoyment of the property, and she cannot be dispossessed, except by due process of law, in view of the law declared by the Apex Court in Rame Gowda (dead) by L.Rs v. M.Varadappa Naidu (dead) by L.Rs¹ .

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Therefore, the respondents are directed not to dispossess the petitioner from the subject land in an extent of Ac.0.03 cents of vacant site on the northern side of petitioner’s house bearing Door No.2-768 existing in Sy.No.17/7 of Amalapuram Canal Bund Road, situated at Vedireeswaram Village, Ravulapalem Mandal, East Godavari District, except by due process of law.

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With the above direction, the Writ Petition is disposed of, at the stage of admission, with the consent of both the counsel. There shall be no order as to costs.

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Consequently, miscellaneous petitions, if any, pending shall stand closed.

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__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Dated: 17.07.2020

1 2004 (1) SCC 769

THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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Writ Petition No.10227 of 2020

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Dated: 17.07.2020

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Yalangi Muniyya v. the State of Andhra Pradesh

Case brief

What is this about?

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Yalangi Muniyya v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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