V. JYOTHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition No.2084 of 2015 is filed under Article 226 of the Constitution of India seeking the following relief:

(2.) Since both the writ petitions are interconnected, they were heard together and are being disposed of by this common order.

(3.) The case of the petitioner is that the petitioner is the absolute owner of the property bearing Municipal Door Nos.11- 516, 11-517, 11-518, 11-519 and 11-520 situated in Ramulavari Gudi Veedhi Chittoor having bequeathed the property from their mother R.Yasodamma. Initially, the property was purchased from one Karimunnisa Begum under a registered sale deed dtd. 10/9/1956 for valid consideration and during her life time, her mother in sound and disposing state of mind, had voluntarily and out of her love and affection towards the petitioner had voluntarily executed an unregistered will dtd. 15/9/1987 with free will bequeathed the said property in her favor after the death of her mother. The petitioner has became absolute owner of the property and has been in possession and enjoyment of the same with absolute rights. The respondent No.8 and one R.Damu who are brothers of the petitioner are well aware of the said Will. While things thus stand, during the year 2002, when the property was brought to the sale by the creditor of the said 8threspondent in a collusive E.P.No.282 of 1999 on the file of the I Additional Senior Civil Judge, Chittoor, wherein the attachment order issued. Pursuant to the said attachment order, the petitioner filed claim petition E.A.No.484 of 2022 for claiming his rights over the subject property and the same was decreed and has attained finality and the 8threspondent and his brother did not challenge the same and the same is binding on them. While so taking advantage of his influence in the Government as well as in the police department demolished the existing building in the subject property with the help of rowdy elements and caused damage to the petitioner to a tune of Rs.15.00 lakhs and with the support of 8threspondent, 3rdand 4threspondent started construction works in the said property. 3rdand 4threspondent are proclaiming that they have obtained permission from the 2ndrespondent for construction of permanent building in the said properties. The petitioner submitted an application on 1/12/2014 to the 2nd respondent under the Right to Information Act, 2005 requesting to furnish a copy of the building plan said to have been granted to the respondent Nos.3 and 4. The petitioner came to know that the respondent Nos.3 and 4 were not granted any building permission and they are constructing the buildings illegally without any prior permission. However, the 2ndrespondent, instead of taking action against the respondent Nos.3 and 4, indirectly supported them in the construction. Aggrieved by the action of the 2ndrespondent, for not taking any action against the illegal constructions of the respondent Nos.3 and 4, the present writ petition is filed.