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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO
Bathinasathibabu @ Sathiraju, S/ Late Polaiah – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its Principle Secretary, Revenue Department – Respondent
| Table of Content |
|---|
| 1. petitioners claim unlawful dispossession of land (Para 1 , 2) |
| 2. investigation reveals petitioners in possession (Para 3) |
| 3. principles of possession and eviction discussed (Para 4 , 5 , 6) |
| 4. right to remain in settled possession under law (Para 7) |
| 5. natural justice principles in eviction proceedings (Para 8) |
| 6. court reaffirms protection of lawful possession (Para 9) |
| 7. writ petition disposed; directives issued (Para 10) |
ORDER:
The present writ of Mandamus is filed to declare the action of the Respondent Authorities more particularly the 4th respondent/Tahsildar who made attempt to dispossess the petitioners from their lands and trying to mutate the petitioners names in 1B and Adangal Web Land of Payakapuram Mandal of Anakapalli District, erstwhile Visakhapatnam District, without following the procedure as established by law, as illegal, arbitrary and violation of principles of natural justice and also Articles 14, 15, 16, 21 and 300A of the Constitution of India and consequently direct the respondents not to dispossess the Writ Petitioners concerned from their peaceful possession and enjoyment the extents with survey number mentioned without following due procedure o
A person in settled possession of land cannot be dispossessed without due legal process, reflecting the principles of natural justice.
The court affirmed the necessity of adhering to principles of natural justice, requiring authorities to allow petitioners to explain their claim before any dispossession of property.
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