Dismissed

Syed Kurshid Bee v. The State of Andhra Pradesh

Andhra Pradesh HC6 Dec 2022WP/33861/2018

Case brief

AI extract

What is this about?

This order quashes an attempt to evict petitioners from allotted government land without due process. The Court directs the authorities to survey the land in the presence of petitioners, issue notices, and consider objections before initiating eviction or acquisition proceedings.

What did the court decide?

The respondents are directed to issue notice for conducting survey in the presence of petitioners, consider objections, and follow due process of law before evicting or acquiring the land.

Syed Kurshid Bee Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2022)

¶1

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶2

WRIT PETITION No. 33861 of 2018

¶3

ORDER:

¶4

This writ petition is filed under Article 226 of the Constitution of India by the petitioners to issue a Writ of Mandamus declaring the action of the respondents in trying to evict and demolish the houses of the petitioners in an extent of Ac.0-03 cents and Ac.0-03 cents situated at Sy.No.453 of Koilakunta village and Mandal, Kurnool District without issuing any notice or without following due process of law as illegal, arbitrary, unconstitutional and violation of Article 300 A of Constitution of India and consequently to direct the Respondents not to demolish/interfere with the peaceful possession and enjoyment of the petitioners houses.

¶5

The case of the petitioners is that the Government has issued Land Possession Certificate in Survey No.453 in an extent of 3 cents for each petitioner on 16.03.2000, the petitioners have constructed the houses at Koilakunta in the allotted site. In the land allotted to the 1^st petitioner some portion was given to the petitioner’s son and daughter-in-law and they have constructed small house in the same land and residing there without any interference from the respondents and enjoying the property in a peaceful manner.

¶6

¶7

It is also the contention of the petitioners that they are paying relevant taxes to the Government. Now the respondent authorities are trying to evict without following due procedure of law and which action is arbitrary, illegal and violation of Article 21 of the Constitution of India and consequently prayed to direct the respondents herein not to interfere with the possession and enjoyment of the said property of the writ petition without following due process of law.

¶8

Learned counsel for the respondents would submit that the Tahsildar has conducted survey and it was found that the land was encroached by the petitioners and the Tahsildar has issued a notice under section 6 and 7 of the Land Encroachment Act. Therefore, the petitioners are not entitled to their relief.

¶9

It is the contention of the petitioners herein that the petitioners were given house site pattas and they are in the possession of the said property by virtue of the possession certificates issued by the authorities and they are in lawful possession. Hence, prayed to direct the respondent authorities to conduct survey and affect the eviction of the petitioner by following due process of law.

¶10

It is the contention of the petitioner that they have not received any notice under the Land Encroachment Act and the

¶11

¶12

eviction without conducting survey in the presence of the petitioner would tantamount forcible eviction.

¶13

The Hon’ble apex Court in Madhavrao Scindia (Dead) by Lrs. Vs. Ramesh Jatav and others¹ s tated about the necessity of the survey. And the survey to be done in presence of party likely to be adversely affected and held that the eviction order cannot be issued without conducting survey only after issuing notice to the petitioner and considering the objections to the show cause notice that may be issued after conducting survey. The petitioners are lawfully inducted into the possession, therefore if the petitioners have to be dispossessed, it is only in accordance with the provisions of law and the petitioners cannot be evicted without following due process of law. Therefore, the respondent authorities are directed to issue notice for conducting of survey and the survey shall be conducted in the presence of the petitioners after conducting such survey and after considering the objections if any made by the petitioners cause notice to the petitioners for eviction. The respondents are entitled to take appropriate action by following due process of law, if there is any encroachment of the government land. If there is no encroachment, the respondents shall follow due process of law, if they intended to acquire the land of the petitioners by paying compensation.

¶14

1 (2006) 1 Supreme Court cases 379

¶15

¶16