K. KANAPPA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition under Article 226 of Constitution of India is filed, to issue Writ of Mandamus, to declare the action of respondents 4 to 7 in interfering with petitioner's rights over the house site in an extent of 175 square yards in Sy.No.339 of Gangavaram Village and Mandal, Keelapatia Cross, Chittoor District and trying to demolish the house without issuing any notice to the petitioner or following due process of law, as illegal, arbitrary and violative of fundamental rights guaranteed under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents 4 to 7 not to interfere with the petitioner's rights over the subject property.

(2.) It is the case of petitioner that the house site in an extent of 175 square yards in Sy.No.339 of Gangavaram Village and Mandal, Keelapatla Cross, Chittor District is the 'Gramakantam land' and the same is in possession and enjoyment of the petitioner for the past 50 years, having constructed a tiled house and iron sheet roofed in the said premises, he obtained electricity connection to the said house and paying house tax and electricity consumption charges.

(3.) While so, on 26.09.2020 respondents 5 to 7 came to the subject property, started demolishing the house by removing tin sheets and dismantling the walls highhandedly stating that the village roads are being widened. The petitioner resisted the action of respondents with great difficulty with the help of neighbours stating that the subject property is the only shelter to him, if the same is demolished his family would have to live on road and he constructed the said house with his hard earnings by doing daily wage work. Thereafter, the petitioner approached respondents 2 and 3 to issue a direction to the respondents 4 to 7 not to interfere with the subject property without following due process of law, but in vain. Hence, the present petition is filed.