The High Court of Andhra Pradesh holds that any eviction and demolition of residential premises by state authorities must be conducted strictly in accordance with due process of law, reaffirming existing precedent and reinforcing protection for affected residents. This decision is binding on all subordinate courts in Andhra Pradesh and serves as persuasive authority elsewhere, especially in matters concerning land acquisition and eviction by government agencies.
Summary
| Category | Data |
|---|---|
| Case Name | WP/29930/2025 of ARJILLI AMMORU Vs The state of Andhra Pradesh, CNR APHC010575052025 |
| Date of Registration | 30-10-2025 |
| Decision Date | 03-11-2025 |
| Disposal Nature | DISPOSED OF NO COSTS |
| Judgment Author | D RAMESH |
| Court | High Court of Andhra Pradesh |
| Bench | Single Judge Bench: D RAMESH |
| Precedent Value | Binding authority within Andhra Pradesh; persuasive elsewhere |
| Type of Law | Constitutional Law; Administrative Law |
| Questions of Law | Whether respondents can evict and demolish houses without notice and legal authority |
| Ratio Decidendi |
The High Court reiterated that no eviction or demolition of residential premises by government authorities can be carried out without due process of law. The state and its agencies are required to give notice and adhere strictly to legal procedure before dispossessing any citizen or demolishing their dwelling. At the hearing, state authorities gave an undertaking to follow due process, which the Court recorded and directed compliance with. The petition was accordingly disposed, restating the constitutional protection against arbitrary deprivation of property and the necessity for state action to conform to established legal procedure. |
| Facts as Summarised by the Court |
Petitioners, all fishermen residing at Priyadarshini Colony, Vikas Nagar, Visakhapatnam, challenged attempts by state authorities to evict them and demolish their houses on Sy. No. 153 without notice or lawful authority. The state, upon being heard, agreed to proceed only according to law. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Andhra Pradesh |
| Persuasive For | Other High Courts, Supreme Court, and authorities handling evictions and demolitions |
What’s New / What Lawyers Should Note
- Reaffirms that state authorities cannot legally evict citizens or demolish dwellings without prior notice and adherence to due process.
- Lawyers can cite this order to compel authorities to comply with legal procedures before taking action against occupants.
- The court’s direct order to “follow due process of law” provides effective interim relief against summary or arbitrary state action.
Summary of Legal Reasoning
- The petitioners alleged illegal and arbitrary eviction and demolition of their houses by state respondents.
- During the hearing, government counsel assured the court that respondents would follow due process of law in any eviction proceedings.
- Petitioners agreed that their grievance would be addressed if state agencies are directed to act strictly according to law.
- The Court accordingly disposed of the writ petition, restating that legal procedure, including prior notice, is mandatory before any state-driven eviction or demolition.
- The judgment emphasizes constitutional safeguards against arbitrary state action and ensures administrative authorities follow established statutory processes.
Arguments by the Parties
Petitioner
- State officials attempted to evict petitioners and demolish their houses in Sy. No. 153, Priyadarshini Colony, without notice and lawful authority.
- Sought a writ to declare such actions as illegal, arbitrary, and unconstitutional.
Respondent (State)
- Through government pleader and standing counsel, submitted on instructions that due process of law would be followed in any eviction or demolition action.
Factual Background
Petitioners, fishermen residing in Priyadarshini Colony, Vikas Nagar, Visakhapatnam, faced imminent eviction and demolition of their houses by revenue authorities without issuance of notice or observance of legal procedure. They filed a writ petition under Article 226 of the Constitution seeking protection from arbitrary action. During the hearing, the state authorities submitted that they would adhere to due process. Based on this, the Court disposed of the petition with express directions.
Statutory Analysis
- The Court invoked Article 226 of the Constitution of India to assess the legality of state action.
- No further statutory provision was discussed or interpreted, except reiteration of the fundamental requirement to adhere to “due process of law” in eviction and demolition matters by government authorities.
Alert Indicators
- ✔ Precedent Followed – The judgment upholds the established constitutional and legal principle that eviction/demolition by state authorities must be in accordance with due process of law.