Person In Possession & Enjoyment Of Property Can't Be Dispossessed By State Authority Except By Due Process Of Law: Andhra Pradesh High Court
The Andhra Pradesh High Court has reiterated that when a person is in settled possession and enjoyment of a property, he cannot be dispossessed, except by following due process of law.Justice M. Satya Narayana Murthy said"When the petitioner is in settled possession and enjoyment of property, he cannot be dispossessed, without following due process of law...Therefore, the respondents...
The Andhra Pradesh High Court has reiterated that when a person is in settled possession and enjoyment of a property, he cannot be dispossessed, except by following due process of law.
Justice M. Satya Narayana Murthy said
"When the petitioner is in settled possession and enjoyment of property, he cannot be dispossessed, without following due process of law...Therefore, the respondents are directed, not to dispossess the petitioner from the property, except by due process of law."
The observation was made while disposing of a writ petition, seeking a writ of mandamus against the State authority, restraining it from demolishing the petitioner's house without issuing prior notice.
The petitioner prayed that interference in its possession of land without following due procedure of law is violation of Article 19(1)(g) and Article 300A of the Constitution of India.
Article 300A deals with the persons' legal right to not be deprived of property save by authority of law. Article 19(1)(g) deals with the fundamental right to practice any profession, or to carry on any occupation, trade or business.
The Court observed that copies of tax receipt and electricity bill prima facie establish that petitioner is in possession of subject land. Thus, it was admitted that petitioner is in possession and enjoyment of the property.
The Court relied on the Supreme Court decision Rame Gowda (dead) by LRs. v. M. Varadappa Naidu (Dead) by L.R.s., 2004 (1) SCC 769 to direct the respondent to not dispossess the petitioner from the property except by due process of law.
The writ petition was disposed of on this legal point and the court did not venture into the merits of the case.
Case Title: Shaik Gouse Peer v. State of Andhra Pradesh
Citation: 2022 LiveLaw (AP)1