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2025 DAILYLAW 36704 (AP)

MUNEPPA v. THE STATE OF ANDHRA PRADESH

WP/31547/2024 · 2025-01-03

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010602082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31547/2024 Between: Muneppa ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. PRAKASH C Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.31547 of 2024 ORDER: In shorn of all the facts of the case, the present writ petition is filed seeking a direction to the respondents not to demolish the house property of the petitioner in his land in Gramakantam vide survey No.69/4 admeasuring 72.5 square yards bounded by East: Road and Subbanna House; West: Venkatesh empty land; North:Paramasiva’s House; South: Sankar’s House; situated at Balla Village, Ramakuppam Mandal, Chittoor District and not to interfere with the possession of the petitioner over the subject property without following the due process of law. 2. It is settled principle of law that a person in settled possession cannot be dispossessed forcibly except by following due process of law as established by law. 3. Principles of natural justice are those which have been laid by the Courts are being minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by the authority, which making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. Natural justice is deeply rooted in tradition and conscience to be ranked as fundamental. The purpose of following the principle of natural justice is the prevention of miscarriage of justice. It also violates the principle of fair play and 3 natural justice as well, the opportunity of hearing is not shunned under any of the laws. 4. Therefore, the respondents are hereby directed to follow the due process of law as established by law before demolishing the subject property of the petitioner. Till such time, the respondents are hereby directed not to take any coercive steps against the subject property of the petitioner. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 03.01.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 31547 of 2024 Date : 03.01.2025 SPP