Possession receipts do not confer title over land; lawful eviction requires adherence to statutory procedures.

ORAL COMMON ORDER:

Heard Sri Srinivas Ambati, learned Counsel for the Writ Petitioners in W.P.No.6879 of 2025; Sri T.D. Phani Kumar, learned Counsel representing Smt. T. Radha Rani, learned Counsel for the Writ Petitioner in W.P.No.16408 of 2025; and Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel For Municipalities.

2. The Writ Petition No.6879 of 2025 is filed seeking the following relief:

“It is, therefore, humbly prayed that this Hon;ble Court may be pleaded to pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents 2 and 3 in taking steps to demolish petitioners hut and pan shop and further insisting the petitioners to vacate from the land admeasuring Ac.0.02 cents covered by Survey No.42 and 16-28 situated in Krishnapuram Village, Amadalavalasa Mandal, Srikakulam District, without issuing any notice and without following any known procedure established by law, as illegal, arbitrary, violative of principles of natural justice, provisions of Andhra Pradesh Municipalities Act, 965 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to demolish petitioners hut and pan shop and also not to interfere with their possession and enjoyment over the said land and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. The Writ Petition No. 16408 of 2025 is filed seeking the following relief:

“Hence the Petitioner prays that the Hon’ble Court may be pleased to issue Writ, Order or Direction more particularly one in the nature Writ of Mandamus to the in action of Respondent no.2 to 4 not removing the unauthorized construction and encroachments of Respondent no.5 to 8 in between public street and front of the house of Petitioner at door no.5-1-84/1, Krishnapuram, War No.5, Amadaiavalasa despite Orders of this Hon'ble Court dated 01-04-2021 in W.P.No.7285 of 2021, Orders dated 09-03- 2022 in W.P.No.12043 of 2021, orders dated 08-11-2024 in W.P.No.26550 of 2022 and issued endorsement dated 08- 05-2025, as illegal, arbitrary, colorable exercise of their powers and in violation of Provisions Under Sec. 192,193,360, of A.P. Municipalities Act and consequently, direct the respondents No.2 to 4 to remove the unauthorized construction and encroachments of Respondent no.5 to 8 in between public street and front of the house of Petitioner at door no.5-1-84/1, Krishnapuram, War No.5, Amadaiavalasa forthwith and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

4. For the sake of convenience, W.P.No.6879 of 2025 is referred to as the 1^st Writ Petition and W.P.No.16408 of 2025 is referred to as the 2^nd Writ Petition. Since the facts in both the cases are identical, with the consent of the parties, both the Writ Petitions are taken up for final hearing together.

5. The facts in these cases would indicate that the Petitioner in the 2^nd Writ Petition purchased an extent of 289 Sq. Yards in Door No. 5-1-84/1, Krishnapuram, S.No.16/22, Amadavalasa, Srikakulam District by way of Registered Sale Deed bearing Doc.No.759/2019 dated 26.04.2019; that after obtaining prior approval dated 20.02.2020 from the 2^nd Respondent Municipality, the Petitioner had built a two storied house; that when the husband of the Unofficial Respondent No.5 tried to interfere with the possession of the Petitioner, the Petitioner filed a Civil Suit bearing O.S.No.32 of 2020 on the file of the Principal Civil Judge (Junior Division), Amadavalasa, seeking Permanent Injunction against the husband of Respondent No.