M. KRISHNA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petitions came to be filed seeking issuance of a Writ of Mandamus declaring the action of the 4th Respondent in demolishing a residential house in Plot No. 38C admeasuring 200 Square Yards situated in Sy. Nos. 139/18 and 19 of Krantinagar, RTC Colony, Ragolu Village, Srikakulam Mandal and District, without following the due process of law, as illegal and incorrect.

(2.) The averments in the affidavit filed in support of the Writ Petition show that a layout styled as "R.T.C. Colony" "Kranthi Nagar" Housing Colony was laid in an extent of Ac.10.09 cents in Survey Nos. 139 to 142 of Ragolu Village, Srikakulam Mandal and District. The said layout was approved by the 5th Respondent vide Resolution No. 2, dated 27.02.1988. The Developers of the said layout sold the housing plots in favour of several individuals through registered sale deeds and the purchasers in turn sold the same to third parties. It appears that the housing plots changed hands number of times and when the Petitioner was in possession of the same, the authorities initiated action for demolition of the house on the ground that the land where the house is built is in a government land.

(3.) A perusal of the averments show that a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1095 ['Act'] was issued stating that the land in an extent of Ac. 0.01 cents in Sy. No. 142-17 of Ragolu Village, Srikakulam Mandal and District, is a government land. The said notice calls upon the Petitioner to appear before the 4th Respondent on 09.04.2021 along with all the necessary documents. Pursuant thereto, the Petitioner herein is said to have appeared before the 4th Respondent and submitted his written explanation enclosing all the necessary documents. It is the case of the Petitioner that without passing any order, the authorities are trying to demolish / dispossess the Petitioner from the said plot. It is alleged that a compound wall of some of the houses was also razed to ground. As action is initiated without following due process of law, the present writ petition came to be filed.