ORDER :

1. Heard Sri G.Ravi, learned counsel for the petitioners, learned Government Pleader for Medical, Health and Family Welfare appearing for respondents 1 and 2, Sri S.Surender Reddy, learned standing counsel for GWMC appearing for respondent No.3, learned Government Pleader for Revenue appearing for respondent No.4, learned Government Pleader for Home appearing for respondent 5 and learned standing counsel appearing for respondent No.6.

2. This writ petition is filed to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners Flats bearing Nos.3, 5, 7 in Block 9 allotted under Rajiv Gruhakalpa Scheme situated in Survey Nos.437, 438 of Urs-Warangal and consequently declare the action of the respondents in interfering the possession and demolishing the Flats 3, 5 and 7 in Block 9 as arbitrary, irregular, besides illegal and against principles of natural justice against Articles 14, 16, 19 and 300-A of the Constitution of India.

3. The case of the petitioners, in brief, is as follows:

a) During the year 2010 the then Government of Andhra Pradesh through its Housing Board i.e. Andhra Pradesh State Housing Board issued a notification for allotment of several Flats under Rajiv Gruhakalpa Scheme which are to be constructed in Survey No.437, 438 Urs-Warangal and accordingly, the petitioners applied for allotment of Flat under Rajiv Gruhakalpa Scheme.

b) The 4th respondent allotted flats by way of lottery by picking up applications and allotted flats to the petitioners in Block No.9, in which 4 flats are constructed and accordingly Flat NO.G7 allotted to the 1st petitioner, Flat No.G5 allotted to the 2nd petitioner and Flat No.G3 allotted to the 3rd petitioner and allotment letters were issued individually by providing Bank loan of Rs.74,250/-, in which every allottee has to payR.8,250/-, as initial payment and Government share of Rs.10,000/-, total Rs.92,500/-. Thereafter, the petitioners have to pay EMIs to the Bank and accordingly Andhra Bank has granted loans to all the petitioners.

c) The petitioners cleared their loan amount by paying all instalments and obtained clearance certificate. Ever since the petitioners purchase of flats, they are in peaceful possession and continuous possession of the same, though the respondents constructed with cheap quality material. Block B9 allottees attempting repairs time to time with their own funds to see that the building may not collapse.

d) The Government launched to establish Basti Davakhana in each and every ward and accordingly a clinic was allotted to B.R.Nagar and in order to allot the same the officials of the 2nd and 3rd respondents visited entire area and it seems they have selected the petitioners’ block i.e. G.9 which is centrally located and stated that they are going to acquire the same for locating Basti Davakhana. Therefore, the respondents got evicted the petitioners forcibly and took possession of the subject property and started dismantling all walls inspite of giving several representations to all the public officials including the 4th respondent and also to the police. Hence, this writ petition.

4. This Court granted status quo vide its order dated 28.11.2022 and observed as under:

“This writ petition is coming up for consideration before this Court since 28.09.2022. Finally, this Court, by an order dated 14.11.2022, directed the respondents to file their counter affidavit positively by today. The said order reads as under:

"A perusal of the material on record shows that the subject flats were allotted to the petitioners on having availed a loan. The petitioners have also repaid loans to the respective banks. However, in the said flats, the respondents have now established a Basti Davakhana on the ground that the said flats are vacant.

According to learned counsel for the petitioners, the petitioners were dispossessed from their re