In a writ petition regarding eviction and demolition threats, the court held that a landowner cannot be dispossessed except by initiating proceedings under the relevant law.
Writ petition disposed of directing respondents not to evict the petitioner without following procedure prescribed by law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.15837 of 2010
ORDER:
The petitioner claims to be the owner of Ac.0.27 cents of land in Survey No.733 of Kakumanuvaripalle Village, Kandukur Mandal, Prakasam District. The same is said to have been purchased by the ancestors of the petitioner and that a house was constructed. The grievance of the petitioner is that the respondents are trying to demolish the house and remove the graves without initiating proceedings.
Heard Sri K.S.Murthy, learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondents 1 to 3 and Sri S..Nageswara Reddy, learned counsel for respondent No.4
In case, the property owned by the petitioner is needed for any pubic purpose, the respondents are under obligation to initiate the proceedings under the Land Acquisition Act. If on the other hand, the petitioner occupied any Government land, proceedings have to be initiated under the A.P. Land Encroachment Act. Either way, the petitioner cannot be dispossessed, except by initiating proceedings under law.
Therefore, the writ petition is disposed of directing that the respondents shall not evict the petitioner from the land in question without following the procedure prescribed by law.
The miscellaneous petition filed in this writ
petition also stands disposed of. There shall be no order as to costs.
____________________ L.NARASIMHA REDDY, J
Date: 18.07.2012 JSU
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
Writ Petition No.15837 of 2010
Date: 18.07.2012
JSU
1 issue framed by the court
Whether the petitioner can be evicted from the land without initiation of proceedings prescribed by law.
The Petitioner
The Respondents
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
