THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.15499 of 2023

ORDER:

This writ petition is filed under Article 226 of Constitution of India for the following relief: “…to issue an appropriate Writ order or direction particularly one in the nature of Writ of Mandamus challenging the illegal actions of respondents is trying to dispossess the petitioner from Agricultural lands in Sy.No.16/AA extent Ac.3.27 guntas, situated at Hampoli (Kurdu), (M) Bhainsa, Dist. Nirmal without notice or acquiring lands as per law nor following due process of law is totally illegal, arbitrary, unjust, discriminatory, unreasonable without jurisdiction and violative of Art. 300-A, 14, 21 of Constitution of India apart from violative of principles of natural justice and call for records issue consequential directions not to dispossess the petitioner from his lands and not to obstruct cultivation of crops from June 2023 onwards in Sy.No.16/AA extent Ac.3.27 guntas situated at Hampoli (Kurdu), (M) Bhainsa, Dist Nirmal without due process of law and award costs …”

2. Heard the learned Counsel for the petitioner and learned Government Pleader for Land Acquisition for the respondents.

3. Learned Counsel for the petitioner submits that the petitioner is the absolute owner and possessor of agricultural land to an extent of Ac.3.27 guntas in Sy.No.16/AA situated at Hampoli (Kurdu), Bhainsa Mandal, Nirmal District. The respondent Nos.3 and 4 are trying to dispossess the petitioner by threatening not to transplant any crops in the subject land of the petitioner from the month of June/July of 2023 without assigning any specific reason or without issuing any notice to him is illegal and arbitrary and requested to allow the Writ Petition by directing the respondents not to dispossess the petitioner or obstruct the cultivation of crops now onwards in the subject land of the petitioner.

4. During the course of hearing, it is noticed that initially this Court has granted Status quo on 20.06.2023, thereafter, the respondents did not choose to file counter for denying the averments made by the petitioner in the writ affidavit.

5. In view of the submissions made by the both sides, this Court is of the considered view that the Writ Petition is disposed of, directing the respondents not to interfere with the possession of the subject land of the petitioner without following due process of law. If they want to do so, the respondents are directed to issue notice to the petitioners by following due procedure of law as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. There shall be no order as to costs.

6. Miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE K.SARATH Date:14.02.2024 spk