a petition challenging dispossession of property without legal authority or due process. The court, per incuriam on merits, directed respondents not to dispossess the petitioner without following due legal procedure.
The petitioner is directed not to be dispossessed from the subject property unless the respondents follow due procedure of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
W.P. No. 2879 of 2020
O R D E R:-
This writ petition is filed for the following substantive relief:
“….to issue a Writ of Mandamus declaring the action of the 3rd respondent in dispossessing the petitioner from his house site property for an extent of Ac.141.66 square yards in Plot Nos.466 in Block No.3 in Sy.No.179 of Kothapeta Revenue village in Vetapalem Mandal of Prakasam District without having any authority of law, as illegal, arbitrary and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere in any manner into the petitioner’s peaceful possession and enjoyment of the aforesaid landed properties.”
Though various grounds are urged, the learned counsel for the petitioner would submit that the authorities are forcibly trying to evict the petitioner from the property in question without following due process of law.
The same is opposed by the learned Government Pleader for Panchayat Raj appearing for respondents 1 and 2 stating that any action that may be taken by the respondents will be in accordance with law.
In view of the above submission, without going into merits of the case, this writ petition is disposed of directing the respondents not to dispossess the petitioner from the subject property if he is in possession thereof except by following due procedure of law. No order as to costs.
2 CPK,J
As a sequel, Miscellaneous Petitions, if any pending,
shall stand disposed of as infructuous.
10.02.2020
bcj
2 issues framed by the court
Whether the writ petition challenging the dispossession from property can be disposed of without going into merits of the case.
Whether the respondents are directed not to dispossess the petitioner unless following due procedure of law.
1 provisions across 1 enactments
Petitioner
3rd Respondent
Respondents 1 and 2
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
