JALLA BALAJI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:

(2.) Sri S.S.Bhatt, learned Counsel for the Petitioners submits that the very substratum of the present Writ Petition rests upon the arbitrary and unconstitutional interference of the respondent authorities into what is essentially a civil dispute. The Petitioners, being lawful residents of the subject house property, have been coerced and summoned by Respondent Nos.3, 5 and 6 without issuance of any statutory notice, without adherence to due process, and without jurisdictional competence. Such coercive measures, undertaken at the behest of Respondent No.7, who is none other than the mother of Petitioner No.1, amount to a blatant transgression of Articles 14 and 21 of the Constitution of India, thereby infringing upon the Petitioners' civil liberties and proprietary rights.

(3.) It is further contended that the genesis of the dispute lies in the subject house property situated at Jayasree Colony, B. Kothakota town, which was constructed exclusively from the ancestral nucleus and agricultural income of Petitioner No.2. The documentary evidence, including pattadar passbooks and sale deeds of ancestral lands, unequivocally establish that the financial contributions emanated solely from Petitioner No.2 and Petitioner No.1, while Respondent No.7's contribution was nil. The mere fact that the house was registered in the name of Respondent No.7, as a measure of convenience to avoid familial bickering, does not ipso facto confer absolute ownership upon her. The settled principle of law is that title must be traced to the source of funds, and not merely to the nominal holder of the document.