P.V. RATHNAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The unsuccessful petitioner in W.P.No.071 of 2019 aggrieved by the order of the learned Single Judge dtd. 4/12/2020 filed the present appeal.

(2.) The 2nd respondent, by proceedings dtd. 11/2/2019 challenged in the writ petition, directed the petitioner to remove the encroachments in respect of the property thereof within 30 days from the date of receipt of the said proceedings.

(3.) The case of the petitioner is that she has been in possession and enjoyment of an extent of 1 1/2 cents of site in Sy.No.2048/B situated at Kavali since long time and having regard to her uninterrupted long possession and on her application, the Government assigned the said extent of land and D-Form patta was issued to her by the then Mandal Revenue Officer, Kavali Mandal, on 20/5/1993 in RCB No.1049/93. It is her further case that she constructed a house in the said site which was assigned Door No.10/37/11 by the 2nd respondent and the same is being assessed to property tax. She filed a suit in O.S.No.215 of 2005 on the file of the Court of the Principal Junior Civil Judge, Kavali, seeking permanent injunction against the 2nd respondent and another, when an attempt was made to demolish a portion of the house alleging that it was an encroachment. The said suit, on contest, was decreed by judgment dtd. 30/1/2013 and it had attained finality, as no appeal was preferred against the same.