THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35528 of 2025

ORDER

This Writ Petition is filed praying this Court to declare the action of respondent Nos.2 to 9 and other revenue/municipal staff in illegally demolishing the petitioner’s residential tiled house bearing H.No.16-1/C and 16-1/E situated in Sy.No.314, Manthani Municipality, Peddapalli District on 31.10.2025 without issuing any notice, enquiry and without following due process of law and mandatory Revenue Rules, as illegal, arbitrary, high handed and violative of Articles 14, 21 and 300- A of the Constitution of India and consequently, direct the respondents to forthwith restore possession of the subject land to the petitioner, reconstruct the demolished house at Government cost or in the alternative, award just and adequate compensation, approximately Rs.11,00,000/- to Rs.12,00,000/- for the illegal demolition and destruction of the petitioner’s property and for other appropriate reliefs.

2. Heard Sri Enumula Satyanarayana, learned counsel for the petitioner, Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and 9 and Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent Nos.7 and 8 and with their consent, this Writ Petition is being taken up for disposal at the admission stage. None appears for respondent Nos.5 and 6.

3. Learned counsel for the petitioner would submit that the petitioner was assigned the land admeasuring Ac.0.02 guntas in Sy.No.314, Manthani Municipality, vide proceedings No.B/14/2002, dated 18.02.2002. Learned counsel for the petitioner would further submit that after obtaining permission, dated 21.04.2010 from the Gram Panchayat, Manthani, she had constructed a small residential tiled house and herself along with her family members has been residing in the said house. Learned counsel for the petitioner would submit that, without issuing any notice, on 31.10.2025 respondent Nos.2 to 9, along with their staff, forcibly dragged the petitioner from the house and demolished the said house, which action is illegal and amounts to clear violation of the principles of natural justice. Learned counsel for the petitioner would further submit that, earlier, one Kurra Sarakka filed a writ petition before this Court vide W.P.No.9816 of 2024 and this Court, by an order, dated 18.04.2024, had disposed of the said writ petition. The operative portion of the order is as under:-

“In the light of the aforesaid discussion, this Writ Petition is disposed of, directing respondent No.7 consider the representations of said Sri Jagannadula Srinivas and Sri Aithu Elisha, to take action, in accordance with law, by putting the petitioner, Sri Aithu Elisha, Member, Christian Graveyard Land Protection Association and Sri Jagannadula Srinivas, who lodged complaint with respondent No.7, on notice and affording them an opportunity of hearing. Respondent No.7 shall complete the aforesaid exercise within a period ol two (2) weeks from the date of receipt of a copy of this order. Till then, petitioner shall not make any construction in the subject prop€rty pursuant to the building permission order dated 2l .02.2024.”

4. Learned counsel for the petitioner would further submit that the revenue records would show specific allotments to (1) Christian Graveyard Association (Ac.0.34 guntas); (2) Kurra Sammakka (Ac.0.02 guntas); (3) Kurra Pochamma, petitioner herein (Ac.0.02 guntas) and (4) ST Erukala Ekalavya Sangha (Ac.0.11 guntas). Further, the Commissioner, vide his letter No.A1/282/2024, dated 16.05.2024, had admitted that separate extents exist for each allottee and had requested the Tahsildar to conduct survey and fix boundaries but the respondent authorities, without conducting survey of the land, have illegally demolished the petitioner’s house.

5. Having heard the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Standing Counsel for respondent Nos.7 and 8