Partly allowed

Kondeti Rama Krishna v. The State of andhra Pradesh

Andhra Pradesh HC10 Feb 2020WP/2948/2020

Case brief

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What is this about?

Single-judge Writ Court held that petitioners in settled possession of land cannot be dispossessed or have their property (fish tanks) destroyed without adhering to due process of law, directing respondents to refrain from such action.

What did the court decide?

Respondents are directed not to destroy the fish tanks of petitioners in the subject land except by due process of law.

Kondeti Rama Krishna Vs The State of andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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Writ Petition No.2948 of 2020

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ORDER:

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This writ petition under Article 226 of Constitution of India is filed, questioning the action of respondents, in destroying the subject fish tank, without following due process of law, declare the same as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of Constitution of India, consequently direct respondents not to destroy the subject fish tank.

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It is the case of petitioners that they are having an extent of Ac.8.39.5 cents of Zeroity wet land under the supervision of 8^th respondent herein/The Narasapur Agricultural Company Ltd., entire revenue records are with 8^th respondent company, but the petitioners have got salable interest in the property. Since, there is no proper irrigation facility, except 9^th respondent herein, all of them converted their land into aqua culture. 9^th respondent who is having some agricultural land in the vicinity, sent letter to 3^rd respondent stating that some persons dug unauthorized fish tanks in Darbharevu village Panchayat, on that 3^rd respondent sent letter dated 30.11.2019 to 9^th respondent along with respondent Nos.4 to 7.

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While the matter stood thus, on 22.01.2020 despite oral request of petitioners, Revenue Inspector and Village Revenue Officers tried to destroy fish tanks, without following due process of law. Such action on the part of 4^th respondent is illegal, arbitrary and violative of Articles 14, 21 and 300-A of Constitution of India, requested to issue direction as prayed for.

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2 MSM, J

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wp_2948_ 2020

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During hearing, the learned counsel for petitioners reiterated the contentions urged in the writ petition, whereas, the learned Assistant Government Pleader for Revenue (Assignments), fairly accepted to follow due process of law, to evict or dispossess the petitioners, requested to pass appropriate order.

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Undisputedly, the petitioners are in possession and enjoyment of land of an extent of Ac.8.39.5 cents. Even assuming for a moment, that the land is required by the government, for any purpose, when petitioners are in settled possession and enjoyment of land, they cannot be dispossessed or evicted, without following due process of law as held by Apex Court in Rema Gowda (dead) by Lrs. V. M. Varadappa Naidu (dead) by Lrs¹ . Therefore, respondents are directed, not to destroy the fish tanks of petitioners in subject land, except by due process of law.

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With the above direction, the writ petition is disposed. There shall be no order as to costs.

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

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JUSTICE M. SATYANARAYANA MURTHY

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Dated 10.02.2020 Rvk

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1 (2004) 1 Supreme Court Cases 769

Kondeti Rama Krishna v. The State of andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kondeti Rama Krishna v. The State of andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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