A single-judge order in a writ petition disputing encroachment dispossession. The court held that authorities cannot dispossess an occupant without initiating legal action and following due process.
Direction to respondents not to dispossess the petitioner without following due process of law.
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THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA
W.P.No. 33679 of 1998
Dated: 06.07.2007
Between:
Kovvada Suryanarayana.
..Petitioner.
And
Executive Officer, Vemagiri Gram Panchayat, Vemagiri, Kadiam Mandal,E.G. District and another.
..Respondents.
THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA
W.P.No. 33679 of 1998
ORDER:
The grievance of the petitioner is that he is in possession and enjoyment of the property in question since 1961, but the respondents without any authority whatsoever are trying to dispossess him.
The respondents filed counter affidavit stating that 2nd respondent has not taken any action to carry out the eviction of the petitioner from the property in question, but he evicted the other persons from the encroached lands, after following due process of law.
The contention of the learned counsel for the petitioner that the property in question is in the possession and enjoyment of the petitioner right from 1961 cannot be disputed. As per the counteraffidavit, the respondents have not taken any action to carry out eviction of the petitioner from the property in question. Even if it is accepted that he is an encroacher of the land in question, the authorities have to follow certain procedure provided under law.
So long as the authorities do not initiate any action under the relevant law, the said dispossession can definitely be said to be without any authority whatsoever.
Having regard to the facts and circumstances of the case, the respondents are hereby directed not to dispossess the petitioner from the property in question without following due process of law.
Accordingly, the Writ Petition is disposed of. No costs.
________________________ GOPALAKRISHNA TAMADA, J
Dated:06.07.2007
sj
1 issue framed by the court
Whether the respondent can dispossess the petitioner without following due process of law.
Kovvada Suryanarayana
Executive Officer, Vemagiri Gram Panchayat
Gopalakrishna Tamada
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
