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2022 Supreme(AP) 1340
ANDHRA PRADESH HIGH COURT AT AMARAVATI
Tarlada Rajasekhar Rao, J.
Sunkara Gopala Krishna – Appellant
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 15422 of 2022
Decided On : 26-05-2022
Bolla Venkata Rama Rao, Advocate
Protection of cultivating tenant's rights and the requirement to follow due process of law before dispossession.
Headnote:
Writ Petition - Land Dispossession - The court directed the respondent authorities not to evict the petitioner from the subject property without following due process of law.
Fact of the Case:
The petitioner, a cultivating tenant, was threatened with dispossession from the land without due process of law. The Writ Petition was filed seeking relief.
Finding of the Court:
The court, after considering the submissions and material record, directed the respondent authorities not to evict the petitioner without following due process of law.
Issues: Dispossession without due process of law, violation of principles of natural justice, and relief sought through a Writ Petition.
Ratio Decidendi: The court's decision was influenced by the petitioner's status as a cultivating tenant and the threat of dispossession without following due process of law.
Final Decision: The Writ Petition was disposed of with the direction to the respondent authorities not to evict the petitioner from the subject property without following due process of law.
JUDGMENT
Tarlada Rajasekhar Rao, J. - This Writ Petition is filed under article 226 of the Constitution of India for the following relief/s:-
'..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in trying to dispossess the petitioner from the lands in an extent of ac 1.78 cents covered by Survey No.42/1 situated at Choppella Village, alamuru Mandal, Konaseema District (previously East Godavari District) without following due process of law as arbitrary, illegal, violation of principles of natural justice, unconstitutional, colourable exercise of power and contrary to the provisions of the andhra Pradesh Charitable and Hindu Religious and Endowments act and rules made there under and to pass such other order or orders ..'
2. Heard learned counsel for the petitioner and learned Government Pleader for Endowments appearing for respondent Nos.1 and 2.
3. It is the contention of the learned counsel for the petitioner that he is the cultivating tenant of the land in an extent of ac 1.78 cents in Survey No.42/1 situated at Choppella Village, alamuru Mandal, Konaseema District (previously East Godavari District) and paying an annual rent of Rs.36,600/- without fail. But, the respondent No.3 is threatening the petitioner to dispossess him from the subject property without issuing any notice or without following the due process of law. aggrieved by the same, the present Writ Petition is filed.
4. In view of the facts and circumstances of the case and considering the submissions of both the learned counsel and on a perusal of the material record, the Writ Petition is disposed of directing the respondent authorities not to evict the petitioner from the subject property without following the due process of la.
5. With the above direction, the Writ Petition is disposed of. No costs.
6. Miscellaneous Petitions pending, if any, shall stand closed.
