PUROHIT ANAND KUMAR v. THE STATE OF ANDHRA PRADESH

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

…..pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 and 4 and their officials, in threatening to demolish the petitioner’s shop bearing D.No.2845/1 (Assessment No.1131011335) situated on the northern side of Narasaraopet - Kurnool Road, in Vinukonda Town, Palnadu District, without following due process of law as illegal, arbitrary, violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and without initiating the procedure as contemplated under the provisions of the A.P. Land Encroachment Act or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and consequently direct the respondents 2 and 3 not to demolish the petitioner’s above shop and not to dispossess him therefrom without following the due process of law and pass…..

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents.

Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the property situated in D.No.367/2, situated in Vinukonda Town, Palnadu District. The subject property was acquired by the petitioner through a registered sale deed bearing Document No.820/2003, 4 dated 02.06.2003. While so, the respondent authorities, without issuing any notice and without adhering to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, are trying to interfere with the peaceful possession of the petitioner in respect of the subject property. Hence, the Writ Petition.

Learned Assistant Government Pleader further submits that the respondents will follow due process of law as contemplated, if they intend to dispossess the petitioner from the subject property.

Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents to follow due process of law, if they intend to dispossess the petitioner from the subject property.