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2025 Supreme(Online)(AP) 15102
HIGH COURT OF ANDHRA PRADESH
TARLADA RAJASEKHAR RAO, J
ANUPURU MANJULA – Appellant
Versus
THE STATE OF AP – Respondent
Writ Petition No: 21301/2025
For the Appellants/Petitioners: VARUN BYREDDY
For the Respondents: GP FOR REVENUE
Procedural safeguards as per natural justice must be followed before dispossession of land, ensuring legal rights are protected.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petitioners challenge actions of State authorities regarding farm lands - They claim illegal and arbitrary interference without due process of law - Court directs respondents to adhere to legal procedures before dispossessing petitioners. (Paras 1 to 4)
(B) Procedure - Legal principles of natural justice must be adhered to when dispossessing individuals from land, emphasizing importance of following prescribed procedural safeguards outlined in law. (Paras 2, 3)
Facts of the case:
Petitioners possess certain lands and allege unlawful attempts by government authorities to evict them without due process, despite having received DKT pattas.
Findings of Court:
The court emphasizes the necessity for respondents to follow due process before any dispossession of the petitioners' lands.
Issues: The legality and procedural correctness of the respondents' attempts to evict the petitioners from their lands without due process.
Ratio Decidendi: Authorities must follow legal procedures and respect natural justice principles when interfering with land possession rights, signifying that premature actions without proper inquiries infringe on the rights of individuals.
Result: Writ petition disposed of with direction to refrain from dispossessing petitioners without legal procedure.
| Table of Content |
|---|
| 1. petitioners claim unlawful eviction from farm lands. (Para 2) |
| 2. court examines government procedures before eviction. (Para 3) |
| 3. direction for adherence to due process in dispossession. (Para 4) |
| 4. writ petition disposed of for lack of due process. (Para 5) |
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue a Writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents, particularly the 4th Respondent in trying to interfere with Petitioners farm lands at Illuru Kothapeta Village, Banaganapalle Mandal, Nandyala District without following due procedure prescribed under applicable laws as illegal, arbitrary, violalive of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to strictly adhere to law and due process if in any case they want to interfere with the Petitioners possession over the said farm lands and pass any other order or orders that may deem fit and proper in the interest of justice.”
2. The main issue raised in the present writ petition is that, after issuing DKT pattas to the petitioners, the respondent authorities are attempting to evict the petitioners from their lands in Sy.No.446, 457-8 and 449 in Illuru Kothapeta Village, Banaganapalle Mandal, without following the procedure as established. Since the date of granting pattas, the petitioners have been in possession of the lands, drilled bore wells and made improvements, and they have been cultivating the lands continuously. If the respondents intend to utilize the assigned lands for a public purpose, they should follow the proper procedure. The assignment of these lands for public purposes cannot be impeded for another public purpose. Therefore, the petitioners request a directive to prevent the respondents from dispossessing them from the aforementioned lands without adhering to the necessary procedures.
3. The 4th respondent/Tahsildar sent a letter, dated 14.08.2025 to the office of the Government Pleader for Revenue, High Court of Andhra Pradesh (part of record), which indicates that as per RSR, the Survey Nos.446, 443 and 457 are noted as Government Assessed Waste (AW) land and Dots are noted in the Pattadar/Enjoyer Column. As per assignment register also there is no entries found in this regard. But on perusal of Adangal there are certain names were shown against the Pattadar/Enjoyer column, which is so miserable. On the other side, the Government of A.P. directed all the other Tahsildars to identify the vacant Government land towards allotment of House sites to the houseless poor people. In this regard on prima facie on verification of revenue records it is noticed that the said Government Assessed waste land is vacant on the ground. But on perusal of the Adangal record, the petitioners names were noted, hence with a good intention to verify the evidences/documents viz., D.Patta/Pattadar Passbooks etc., held with them, the impugned (Formal) notices were issued to them to attend the enquiry and to produce their documentary evidences towards verification. But the petitioners without attending enquiry, without submitting their explanation/statements to the Tahsildar, they directly approached the High Court and filed the present writ petition, which is considered as premature/with wrong assumption.
4. Considering the submissions made by the learned counsel, this Court feels it appropriate to dispose of this writ petition, at the stage of admission, directing the respondents not to dispossess the petitioners from the subject lands, except following the due procedure established in law.
5. With the above observation, the Writ Petition is disposed of.
There shall be no order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed.
