SURANENI KASI VISWESWARA RAO, FATHER NAME v. STATE OF AP

This 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 Notice dated 5-5-2020 issued by the Respondent No.3 whereby directed the Petitioners to vacate the land an extent of Ac.1.00 cents in Sy.No. 21/2 situated at Jeedigunta Village, Nidadavole Mandal, West Godavari District, as arbitrary, illegal, violation justice, unconstitutional, colourable exercise of power, contrary to provisions of A.P. Panchayat Raj Act, 1964 and rules made there under…..

principles natural

The case of the petitioners is that they are the permanent residents of the land admeasuring to an extent of Ac.1.00 cents in S.Y. No.21/2, situated at Jeedigunta Village, Nidadavole Mandal, West Godavari District, and that the petitioners have been in settled possession and enjoyment of the subject property since the time of their ancestors. While so, the respondent authorities are trying to dispossess the petitioners from their subject land without following due process of law.

The learned counsel for the petitioners submits that, without following the due procedure as contemplated under law, the 3rd respondent Gram Panchayat issued the impugned notice dated

05.05.2020 for eviction of the petitioners from their subject property, 3 which is contrary to law and also in violation of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, as well as the principles of natural justice. Hence, the present writ petition.

On the other hand, the learned Standing Counsel for the 3rd respondent Gram Panchayat submits that the petitioners herein are encroachers of Government land. The 3rd respondent Gram Panchayat is empowered to remove such encroachments committed by the petitioners or any others under Sections 96 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994. Accordingly, the 3rd respondent Gram Panchayat is taking steps to remove the encroachments committed by the petitioners and others, and the respondents will follow the due procedure contemplated under law while doing so.

Heard the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the 3rd respondent Gram Panchayat, and perused the material available on record.

Considering the facts and circumstances as stated above, it is observed that the impugned notice dated 05.05.2020 issued by the 3rd respondent Gram Panchayat is not in the form of a notice but is, in fact, an order directing the petitioners to evict from the subject land. It is settled law that even an encroacher is entitled to the observance of 4 the principles of natural justice and due process of law as contemplated under law. In view of the law declared by the Hon’ble Apex Court in Rame Gowda (Dead) by L.Rs. v. M. Varadappa Naidu (Dead) by L.Rs., when the petitioners are in settled possession and enjoyment of the subject property, they cannot be dispossessed without following due process of law. In the present case, the 3rd respondent issued the impugned notice dated 05.05.2020 without adhering to the principles of natural justice and due process of law, and hence it is liable to be set aside.