THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 4218 of 2023

O R D E R

Heard learned counsel for the petitioner, learned Government Pleader for MA&UD appearing for respondent Nos.1 & 2, learned Government Pleader for Revenue appearing for respondent No.3, learned Standing Counsel appearing for respondent No.4, learned Government Pleader for Home appearing for respondent No.5, and perused the record.

2. The petitioner, by the present Writ Petition has assailed the action of the respondent Nos.4 & 5 in interfering with her peaceful possession and enjoyment over house property bearing Door No.6-51 situated at Nereducherla Village & Mandal, Suryapet District, as being highly illegal, arbitrary, unconstitutional, violation of principles of natural justice and in violation of Articles 14, 15, 21 & 300A of the Constitution of India.

3. The case of the petitioner as set out in the affidavit filed in support of the writ petition is that the Government of Andhra Pradesh has allotted land to an extent of Ac.0.03 cents bearing plot No.70A in survey No.272 of Nereducherla Village & Mandal, in the name of Enjamuri Janakamma vide proceedings No.B/6670/2003, dt.03.04.2003; that the said allottee had constructed a small house with ACC sheet, which was mutated in her name in Grampanchayath records and allotted issued Door No.6/51; and that she resided therein up to the year

2009.

4. It is the further case of the petitioner that the aforesaid land along with a small temporary house constructed with ACC sheets has been sold by the allottee to the petitioner on 09.01.2009 by executing an agreement of sale by receiving the total consideration reserved thereunder and thereafter, the petitioner has been living in the said house with her children.

5. It is the case of the petitioner that the 4th respondent by sending its staff had demanded and threatened her to vacate the house and to hand over the same to them; that on the petitioner refusing to vacate the said premises, the respondents have developed grudge against her; and that the respondents are trying to demolish the house and dispossess the petitioner without issuing any notice and without following due process of law, which action it is contended as highly illegal and arbitrary, with a consequential direction to the respondents not to interfere with the peaceful possession and not to demolish the house.

6. Counter affidavit on behalf of respondent No.4 is filed. By the counter affidavit, it is contended that the claim of the petitioner of the land to an extent of Ac.0.03 cents in survey No.272 with allotted plot No.70/A being allotted to one Smt.E.Jankamma, is based on the purported proceedings, dt.03.04.2003, which is a fabricated document; that Enjamuri Janakamma, who is claimed to be the original allottee is none other than the sister-in-law of the petitioner herein, had encroached the road in survey No.272 and erected a tin shed therein; that during the year 2009, the said Enjamuri Janakamma brought into existence an unregistered sale deed showing the sale of disputed site to the petitioner; that prior to the respondents initiating action, no one used to reside therein; that on account of the Grampanchayat being upgraded into Municipality, necessity has arisen to form the road for the use of the residents; and that there were complaints from the residents of the area to clear the encroachment on the road.

7. By the counter affidavit, it is further contended that since, the petitioner was claimed of having obtained patta in respect of plot No.70A vide proceedings, dt.03.04.2003, one N.Kiran, neighbor of the subject land, made an application under RTI Act, 2005, to Tahsildar for asserting the title of the said site; that in response to the aforesaid application, the Tahsildar vide his letter, dt.31.12.2022, stated that the said proceedings, under which the petitioner had claimed of having been granted patta in favour of Enjamuri Janakamma, in fact relates to the proceedings issued with regard to t