Vootla Mallamma Vs the State of Ap

“ to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action on the part of respondents no. 3 and 4 in trying to disposes the petitioners from the house plots in an extent of AC.0.03 cents each i.e., AC.0.06 cents with plot nos.245 and 246 in survey No.953 of Madakalavaripalli Village, Gopavaram Mandal, Sainagar Badvel, Y.S.R District and also

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trying to demolish tatched house, even though the DKT pattas Nos. 2234/1403 and 2233/1403 dated 08.08.1994 granted in our favor are in subsidence that too without issuance of any notice as arbitrary illegal, contrary to the settled legal position apart from being violative of fundamental rights guaranteed to me under Articles 14, 19 and 21 of Constitution of Indi and consequentlydirect the respondents no 3 and 4 not interfere with our rights over the tatched houses with plot numbers 245 and 246 Ac.0.03 cents each in survey no 953 of Madakalavaripalli Village Gopavaram Mandal sainagar Badvel Y S R District and to pass such other order or orders...”

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Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents.

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The learned counsel for the petitioners submits that the petitioners were allotted house plots measuring Ac.0.03 cents each, totaling Ac.0.06 cents, in Plot Nos. 245 and 246 of Sy.No.93, Madakalavaripalli village, Gopavaram Mandal, Sainagar, Badvel, YSR District. They have constructed thatched sheds in the subject property. Since the allotment, the petitioners have been in peaceful possession and enjoyment of the said plots. However, the respondents are trying to remove the thatched sheds and dispossess the petitioners from their respective plots without issuing any notice, which is contrary to law. Hence the writ petition.

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On the other hand the learned Government pleader for Revenue appearing for the respondents furnished written instructions dated 17.03.2025 issued by the 4^th respondent, wherein it is stated that as follows:-

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(i ) “It is further submitted that, as per the layout laid in survey number 953 there exists 236 plots to an extent

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of Ac.0.05 cents each only. But here in this case the house sites claimed by the petitioners in the present writ petition are 245 and 246 to an extent of Ac.0.03 cents each, but as per the layout there is no 3 cents plots. Hence it is clearly establishes that the petitioners were encroached the site, which is in existing Rastha and the encroachments are marked in the layout and submitted herewith for kind perusal.

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(ii) It is out of the place to submit that, a case was registered against sri pilli bhaskar as A1 in Badvel U/G P.S. vide Cr.No.118/2022 u/s 120 (B), 409, 420,466,467,468,471 by the complainant sri V.Mallikarjuna Reddy, Tahsildar, Badvel Mandal for cheating by forged documents, creating fake DKT pattas and committing land grabbing. During the course on interrogation, the accused (A1) Sri Pilli Bhaskar confessed total 43 frauds which he along with other accused committed since long back as per his remember. As per confession of the accused they unauthorizedly occupied or encroached into the government lands by creating fake documents with the fake seals and stamps and the investigation in this case is still going on. While removing the encroachments the petitioners were orally stated that they have obtained these sites from the accused (A1) i.e., Pilli Bhaskar.

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(iii) Therefore it is clearly established that the petitioners have got the subject house sites from the fake patta creators and encroached the Rastha as there exist only 236 house plots in the layout, but the petitioners herein claiming house plot numbers 245 and 246”.

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He further submits that the petitioners claim ownership of Plot No. 245,

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asserting that it is not a common area within the layout. However, the pattas issued in this regard were found to be not genuine, and a 3^rd party claim was initiated against them. A criminal complaint was also registered by respondent

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No.4, which is under investigation. Due to the issuance of fake pattas, certain individuals have unlawfully occupied the common amenities area and open space area within the layout, as all the plots were allotted/alienated in favour of houseless poor persons, Hence, the petitioners were neither allotted plots nor alienated approved plots but occupied common areas by way of fake pattas as if the same were granted in their favour.

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In reply, the learned counsel for the petitioners submits that the petitioners' constructions which were made at subject plots have not yet been removed.

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Having considered the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered view that the present writ petition can be disposed of by directing the respondent authorities to follow the due procedure as contemplated under the Act while taking steps to remove unauthorized and illegal occupations/constructions of the petitioner and others if formed their plots are not duly alienated and same are situated common open space area, in view of the encroachments on roads and area earmarked for common amenities.

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