SHAIK NAJINI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

(2.) The case of the petitioner is that the petitioner's family members are in possession and enjoyment of the land in an extent of Ac.0-06 cents in Sy.No.348-A of Kommipadu Village, Sydapuram Mandal, SPSR Nellore District since 1988 and since then they have been residing there by constructing a house. The petitioner is in continuous possession and enjoyment of the said land without any interruption from any corner whatsoever including the respondents herein and they obtained electricity connection and their house property was assessed by the Gram Panchayat, imposed house tax and they are paying electricity bill and house tax regularly.

(3.) While so, when the officials of the 4th respondent tried to evict the petitioner forcibly, the petitioner's father along with three other similarly situated persons filed W.P.No.20859 of 2020 before this Hon'ble Court seeking a direction not to dispossess them from their respective house sites. This Court passed an interim order dated 17.11.2020 directing the respondents not to dispossess the petitioner therein from the subject land, if they are in possession of the subject land without following due process of law. The respondent authorities kept quiet for some time and on 02.07.2021, the 4th respondent herein, vide letter in Rc.B.114/2021, dated 02.07.2021, directed the Assistant Engineer, Electricity Department, Sydapuram to disconnect power supply to the electrical service connection bearing No.3112324000742 provided to the petitioner's house as the land in Sy.No.348/A was handed over for construction of Village Secretariat. In turn the Assistant Engineer, Operations, APSPDCL, Sydapuram issued Lr.No.AG/0/Syd/F/D.No.760/21 dated 02.07.2021, informing that their electrical service connections will be disconnected within 7 days. Being aggrieved by the said action, this petitioner and three other similarly situated persons filed W.P.No.13218 of 2021 before this Court and the same was allowed by order dated 09.07.2021, setting aside the above two proceedings and directed the respondents not to dispossess the petitioner therein except by following due process of law.