Writ petition challenging illegal eviction notice regarding land possession. Court held dispossession without due process violates fundamental rights.
Respondents directed not to dispossess petitioners from the subject property except by due process of law.
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.17547 OF 2021
ORDER :
This 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 more particularly the action of 3rd respondent in insisting the petitioners to vacate from their house and site properties in Sy.No.1064 of Podili Revenue village and Mandal of Prakasam District and also notice in RCA/165/2021 dated 16.07.2021 without considering the explanation/ objections submitted by the petitioners, as illegal, irregular and consequently direct the respondents not to interfere with the petitioners peaceful possession and enjoyment over their said houses and site property and pass such order”.
2
no order is passed by the respondents, but, trying to dispossess the petitioners, without following due process of law and thereby the action of respondents is illegal and arbitrary.
1 AIR 2004 SC 4609
3
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.”
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 19.08.2021 sj
2 1975 AIR 1674 = 1975 SCR 299
3 1968 AIR 702 = 1968 SCR (2) 408
4
79
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.17547 OF 2021
Date: 19.08.2021
sj
2 issues framed by the court
Whether petitioners in peaceful possession can be dispossessed without following due process of law.
Whether the respondents' attempt to dispossess petitioners violates Article 300A of the Constitution.
Colour shows how this judgement treated each authority
Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & AnrApplied¶12
AIR 2004 SC 4609 · Who else cites this
Rattan v. State of Uttar PradeshRelied on¶16
1975 AIR 1674 = 1975 SCR 299 · Who else cites this
Munshi Ram v. Delhi AdministrationRelied on¶16
1968 AIR 702 = 1968 SCR (2) 408 · Who else cites this
1 provisions across 1 enactments
Petitioners
Respondents
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court