Disposed

Gorli Peri Naidu S/o late Satyam Naidu at Satyanarayana v. State of Andhra Pradesh

Andhra Pradesh HC11 Nov 2022WP/19647/2015

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking declaration against illegal dispossession. Upon receiving the Government Pleader's submission that due process would be followed, the Court issued a direction prohibiting dispossession except by due process without deciding merits.

What did the court decide?

Direction to respondent authorities not to dispossess petitioner from land in Sy.No.254 without following due process of law.

Gorli Peri Naidu S/o late Satyam Naidu at… — Land Acquisition | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.19647 of 2015

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ORDER :

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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“to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 in threatening to dispossess the petitioner from his land in an extent of Ac.1-66 cents in Sy.No.254 of Sabbavaram Village & Mandal, Visakhapatnam District without following due process of law as illegal, irregular, arbitrary, violative of principles of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and also offends Articles 14, 21 and 300-A of the Indian Constitution and consequently direct the respondents not to dispossess the petitioner from the above mentioned land without following due process of law and pass such other orders”.

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On 07.07.2015, when the writ petition came up for

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admission, this Court passed the following interim order:

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“…. there shall be a direction to the respondent authorities not to dispossess him from the same except in accordance with the due procedure laid down by law.”

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Today, when the matter came up for hearing, learned counsel for the petitioner limited his request to direct the respondent authorities not to dispossess the petitioner from the subject property, without following due process of law, without touching the merits of the case.

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On the other hand, learned Government Pleader for Revenue, on instructions, would submit that if at all the respondents intend to dispossess the petitioner from the subject property, they will follow the due process of law.

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Recording the above submission made by the learned Government Pleader for Revenue and also in view of the interim order dated 07.07.2015, instead of going into the merits of the case, it is suffice to issue a direction to the respondent authorities not to dispossess the petitioner from the land in an extent of Ac.1-66 cents in Sy.No.254 of Sabbavaram Village & Mandal, Visakhapatnam District, if he is in possession as on today, except by following due process of law.

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

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As a sequel, miscellaneous applications, pending, if any, shall also stand closed.

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_______________________ JUSTICE V.SUJATHA

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Date : 11.11.2022 ARR

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.19647 of 2015

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Date : 11.11.2022

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ARR

Gorli Peri Naidu S/o late Satyam Naidu at Satyanarayana v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Gorli Peri Naidu S/o late Satyam Naidu at Satyanarayana v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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