A person in settled possession cannot be forcibly dispossessed without following due process of law, as it would violate human rights and the constitutional right under Article 300A of the Constitution.

JUDGMENT

D. Ramesh, J. - This Writ Petition under Article 226 of the Constitution of India is filed seeking to direct the respondents not to interfere with peaceful possession of the petitioners with regard to subject houses admeasuring an extent of Ac. 0.021/2 cents to each situated in Sy. No. 18P, Door No. 35-20A, Srinivasanagar Colony, Killipalem, Srikakulam Municipal Corporation, Srikakulam Town and District with Assessment No. 1085043365.

2. The learned counsel appearing for the petitioners submitted that initially, the 1st petitioner was granted an house site patta to an extent of Ac. 0.021/2 cents situated in Sy. No. 18P of Killipalem, Srikakulam District vide patta in letter No. 1426/87. The 2nd petitioner was given a provisional occupancy by the respondents. Since then, the petitioners were in possession of the said land without any disturbance from any corner. The petitioners have raised houses thereon and living there with their family members without any disturbance. While so, some local political forces are trying to grab the house of the petitioners and they are influencing the authorities to forcibly evict from the subject land. Aggrieved by the same, the present Writ Petition is filed.

3. The material on record prima facie establishes that the petitioners are in possession of the disputed property.

4. It is settled law that a person in settled possession cannot be dispossessed forcibly, as held in Rame Gowda (dead) by L.Rs. Vs. M. Varadappa Naidu(dead) by L.Rs. & Anr, Wherein the Apex Court held as follows:-

'... to forcibly dispossess citizens of their private property, without following due process of law would be to violate a human right, as also the constitutional right under Article 300A of the Constitution.'

5. Hence, without recording any findings, based on the possession of the property by the petitioners, the respondents are directed not to dispossess the petitioners from the subject property admeasuring an extent of Ac. 0.021/2 cents to each situated in Sy. No. 18P, Door No. 35-20A, Srinivasanagar Colony, Killipalem, Srikakulam Municipal Corporation, Srikakulam Town and District except by following due process of law.

6. With the above directions, the Writ Petition is disposed of.

Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.

Writ Petition is disposed of (VSO)