The Court held that the petitioner is entitled to notice and an opportunity of hearing before any adverse order on land possession is passed, blocking dispossession until a reasoned order is issued.
Petitioner directed to be issued notice; dispossession stayed pending reasoned order.
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THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No. 27192 OF 2011
ORDER:
Petitioner claims that he was assigned the house site to an extent of 0.03/4 cents in 1987 under Rc.No.3089/85 in survey No.413/1 being plot No.2 of Dharmavaram village and that he is in possession and enjoyment of the same for the last 24 years. The first respondent, South Central Railway (now South Western Railway) claims the aforesaid land and has threatened dispossession of the petitioner through respondents 2 and 3.
The petitioner states that he has not received any notice nor he has been furnished with any proceedings. Therefore, he has approached this Court stating that he be not dispossessed without issuing notice and without giving opportunity in conformity with the principles of natural justice.
Heard Sri R.S. Murthy, learned standing counsel appearing for respondent No.1 who points out that the boundaries in the Patta Certificate itself show that in the west side there is railway poromboke. He, therefore, claims that the property evidently belongs to the railways and as such there is no impediment for the railways to claim their own land.
Irrespective of the validity of rival contentions, the fact remains that the petitioner has not been issued any notice or opportunity though he claims that he is in possession of the land for last several years. He also filed electricity consumption and property tax receipts. It is, therefore, appropriate that keeping in view the principles of natural justice, the petitioner is entitled to notice and opportunity of hearing before any adverse order is passed against him.
The writ petition is therefore disposed of directing the respondent-competent authority to issue notice to the petitioner and dispose of the matter by giving opportunity to him and till a reasoned order is passed, he shall not be dispossessed from the land aforesaid.
No costs.
VILAS V.AFZULPURKAR,J
Dt. 01.11.2011 CC in three days. b.o. lvl
THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No. 27192 OF 2011
Dt. 01.11.2011
1 issue framed by the court
Whether the petitioner is entitled to notice and an opportunity of hearing before being dispossessed from the land in violation of principles of natural justice.
Petitioner
South Central Railway (South Western Railway)
Respondents 2 and 3
Vilas V.Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
