APHC010512162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 26516 and 26529 of 2024 W.P.No.26516 of 2024 Between: K Lakshmi Devamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. O M R LAW FIRM W.P.No.26529 of 2024 Between: Peddana Anjinamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. O M R LAW FIRM COMMON ORDER:- The Writ Petition No.26516 of 2024 is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “…to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the respondent Nos.3, 4 and 5 in interfering with the petitioner’s peaceful possession and enjoyment in respect of the House bearing No.12-4-785-5 constructed in an extent of 17 X 33 Sq.ft., or Ac.0.01-28 cents, in Sy.No.272-3C, situated at Aadharsh Nagar Colony, Ananthapuram Town, Ananthapuram District on the instigation of third parties is illegal, arbitrary, unjust and unconstitutional and consequently direct the official respondent Nos.3, 4 and 5 not to interfere with the peaceful possession and enjoyment of the petitioner in respect of House bearing No.12-4-785-5 constructed in an extent of 17 X 33 Sq ft or Ac.0.01-28 cents, in Sy.No.272- 3C, situated at Aadharsh Nagar Colony, Ananthapuram Town, Ananthapuram District…” 2. The Writ Petition No.26529 of 2024 is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “…to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondent Nos.3, 4 and 5 in interfering with the petitioners peaceful possession and enjoyment in respect of the House bearing No.12-4-785-9, constructed in an extent of 17 X 33 Sq.ft., or Ac.0.01-28 cents, in Sy.No.272-3C, situated at Aadharsh Nagar Colony, Ananthapuram Town, Ananthapuram District, on the instigation of third parties is illegal, arbitrary, unjust and unconstitutional and consequently direct the official respondent Nos.3 and 4, not to interfere with the peaceful possession and enjoyment of the petitioner in respect of House bearing No.D.No.12-4-785-9, constructed in an extent of 17 X 33 Sq.ft., or Ac.0.01-28 cents, in Sy.No.272-3C, situated at Aadharsh Nagar Colony, Ananthapuram Town, Ananthapuram District…” 3. Both the writ petitions are filed claiming same relief by different petitioners but the issue involved in these petitions is one and the same. Therefore, I am of the view that it is appropriate to decide both these writ petitions by common order. 4. The case of the petitioners is that they have migrated to Ananthapuramu Town 22 years ago in search of daily wage work to eak out their livelihood. They were engaged in construction related activities such as building work and housekeeping etc. As the owners failed to provide adequate housing or shelter during the construction of the houses, they constructed a small hut near a drainage culvert to provide shelter for their family. 5. While the things stood thus, respondent No.3 visited their area to assess their living conditions over the past 22 years. After inquiring about their status, respondent No.3 issued a possession certificate on 17.10.2017 vide R.Dis.No.B/769/2017, Sy.No.272-3C, measuring 17x33 (0.01.28 Cents) located in Adharsha Nagar, Ananthapuramu each to the petitioners herein. Since then, the petitioners have been in peaceful possession and enjoyment of the subject property without any hindrances. But however, the third parties with the support of influential persons, associates and followers have been coming to the property and claiming the ownership over the subject property. Despite repeated requests made by the petitioners, the official respondents have failed to take any action. Complaining the same, the petitioners filed the present writ petitions. 6. Heard learned counsel for the petitioners and learned Standing Counsel for Municipal Corporation appearing for the respondents. 7. Today when the matter came up for hearing, the learned Standing Counsel for Municipal Corporation, on oral instructions, has stated that they are not interfering with the possession and enjoyment of the petitioners and that if they intended to acquire the land, they will follow the due process of law. 8. Recording the said submission, these writ petitions are disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the subject property bearing D.No.No.12-4- 785-5 and bearing D.No.12-4-785-9 in Sy.No.272-3C, situated at Aadharsh Nagar Colony, Ananthapuram Town, Ananthapuram District, without following due process of law. No costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 12.02.2025 JLV 263 HON’BLE SMT. JUSTICE V.SUJATHA W.P.Nos.26516 and 26529 of 2024 Dt.12.02.2025 JLV