State Is Governed By Rule Of Law, Even Trespasser In Settled Occupation Can't Be Dispossessed Without Recourse To Law: Andhra Pradesh HC

The Andhra Pradesh High Court has reiterated that a statutory authority cannot dispossess even a trespasser in settled occupation, without recourse to law as the State is governed by the rule of law.

The Court was dealing with Writ Petitions challenging the state authority's warning to dispossess petitioners from their land without issuing notice or any recourse of law. 

The single-bench of Justice Tarlada Rajashekhar Rao observed, "It is known principle, the State is governed by rule of law, a statutory authority cannot dispossess even a trespasser in settled occupation, without recourse to law."

The petitioners were represented by Advocate M Sugna while the respondents were represented by GP for Forests (AP) and GP for Revenue (AP).

The writ petitions were filed challenging the action of the 2nd respondent in threatening the petitioners to dispossess from their lawful possession in respect of their lands at their village without issuing any notice and without following the procedure as contemplated under law.

It was their contention that they were allotted the lands by the government under the poverty eradication scheme for SCs, STs and BCs and have been cultivating the lands since the allotment.

The Counsel for the petitioners contended that even assuming that they are trespassers, they should be evicted only by following due process of law. Hence, prayed to direct the respondents not to evict the petitioners, without following due process of law. On the other hand, the Counsel for the respondent denied threatening the petitioners and contrarily claimed they were explained on the nature of the land when the trespass attempt was made by them.

At the time of admission, the Court had granted a status quo with regard to the possession of the lands. However, it was made clear that under the guise of the interim order, the petitioners should not cut and remove the trees.

After hearing both the parties, the Court finally granted liberty to the respondent to take due course of law in the interest of justice.

Accordingly, the petitions were allowed.

Clause Title: Machavaram Penchalaiah and Others V. The State Of Andhra Pradesh and Others

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