ORDER:

1. This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“….to issue a Writ, order or direction, more particularly in the nature of Writ of Mandamus to declare the proceedings No.GP/ITKUPD/01/2022 dated 04.07.2022 passed by the respondent No.4 in seizing the Gramakantam land of the petitoner to an extent of 151 Sq.Yards, bearing H.No.5-122, situated at Itukulapadu village, Shaligowraram Mandal of Nalgonda District during the pendency of W.P.no.23879 of 2022 as arbitrary, without jurisdiction, irrational, illegal, without any known procedure and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently to direct the respondents not to interfere in any manner with the petitioner’s possession over the subject plot …….”

2. Heard the learned Counsel for petitioner and the learned Assistant Government Pleader for Panchayat Raj and Rural Development and the learned Standing Counsel for Gram Panchayat appearing for the respondents and perused the material available on record.

3. The learned Counsel for the petitioner would submit the petitioner is the owner and possessor of House property bearing No.5-122 situated at Itukalapad village of Shaligowraram Mandal of Nalgonda District and the respondent No.4 also issued ownership certificate on 18.03.2017 in favour of the petitioner in respect of the subject property and the petitioner has also been paying taxes thereon. Originally the subject property was Grama Kantam land which was allotted to her father-in-law. While it being so, after death of husband of the petitioner, some of the villagers having developed mal-intention against the petitioner, who is a lonely lady, resorting to coercive moves and demolished the compound wall. Thereafter the petitioner filed a suit vide O.S.No.85 of 2017 on the file of Junior Civil Judge, Nakrekal and obtained status quo order vide I.A.No.209 of 2017 on 04.07.2017. Thereafter the petitioner also filed a criminal case against the villagers, who damaged her compound wall and the same has been registered as FIR No.18/2018 of Shaligowraram P.S.

4. The learned Counsel for the petitioner would further submit that the respondent No.4 issued Notice to the petitioner on 02.05.2022 calling for explanation for which the petitioner submitted her explanation narrating the facts, however, without passing any orders on the explanation submitted by the petitioner the employees of the respondent No.4 along with some villagers demolished the structures of the house of the petitioner. Being aggrieved by the same the petitioner filed W.P.No.23879 of 2022 and this Court passed interim orders on 26.05.2022 directing the respondents not to interfere with the possession and enjoyment of the petitioner over the Grama kantam land bearing H.No.5-122 including the vacant area and also directed the petitioner to submit her explanation along with the documents. Accordingly, the petitioner submitted her explanation on 14.06.2022. Even after receiving the reply the respondent No.4 issued another notice on 17.06.2024, for which the petitioner again replied on

21.06.2022. Thereafter the respondent No.4 passed impugned orders seizing the petitioner’s property.

5. The learned Counsel for the petitioner would further submit that the house of the petitoner and houses of 138 families others were submerged in Moosi Reservoir and the Government allotted house sites in the Grama Kantam land and all of them have constructed houses and started living in their respective houses by paying house taxes. The father- in-law of the petitioner and his elder brother Sri Veeraiah were allotted plot Nos.33 and 34 respectively and on the west side both of them have constructed a common compound wall leaving space on the east side for using as front yard. The father-in-law and husband of the petitioner, after demise of Rekala Veeraiah, demolished the existing house and constructed new house on the site of Rekala Veeraiah and house