IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31610 OF 2011 Between : Koru Lalithamma ... PETITIONER A N D The Divisional Engineer, R&B Department and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.31610 OF 2011 ORDER: This Writ Petition is filed seeking to issue a writ of Mandamus declaring the action of respondent Nos.1 and 2 in trying to demolish the house of the petitioner situated at Sy.No.31/7B and 31/5, Avakuru Village, Korukollu Post, Kalidindi Mandal, Krishina District, without issuing any notice or following due process of law, as illegal and arbitrary and consequently to direct respondent Nos.1 and 2 not to interfere with the above said house and vacant land of the petitioner without following due process of law. 2. The averments of the affidavit filed in support of the Writ Petition may be stated as follows: The petitioner is the absolute owner and possessor of the land and house property to an extent of Ac.0-13 cents, situated at Survey No.31/7B and 31/5, Avakuru Village, Korukollu Post, Kalidindi Mandal, Krishna District, which is ancestral property of her husband. The petitioner is paying house tax regularly to the panchayat. On 19.09.2002 the petitioner executed a Will bequeathing the said property equally to her elder son and her grand son. The same was registered as Document No.87/2002 at Sub-Registrar Office, Kaikaluru. Thereafter, on 20.11.2011 respondent Nos.1 and 2 came to the house of the petitioner and got marked through her house and the land property saying that they are laying bridge on Pedalanka drain, which has to pass through her house and land property. Respondent No.3 Officials also accompanied respondent nos.1 and 2. Though the petitioner made objection for the same, they did not heed anything and tried to demolish the house. Thereafter, the petitioner approached the office of the respondents and they stated that as per the records, some of the property belongs to the respondents. Therefore, the action of the respondents in trying to demolish the house of the petitioner without issuing any notice and without showing any documentary proof is illegal and arbitrary. Hence, the writ petition. 3. Learned counsel for the petitioner contended that the petitioner is in possession of Ac.0-38 cents of land, which is her ancestral property; that respondent Nos.1 and 2 without there being any authority are trying to demolish the house of the petitioner and hence, he prays to issue a Mandamus directing respondent Nos.1 and 2 not to interfere with her peaceful possession and enjoyment of the property in question. 4. On the other hand learned Standing Counsel for respondent Nos.1 and 2 contended that the petitioner is encroaching into the land belonging to Road & Building Department; that the said land is required for construction of service road; and hence, the petitioner has no right to remain in the property. 5. Though the petitioner claims to be the owner and possessor of the property in question, she has not filed any document to show about her prima facie title in respect of the land in Survey No.31/7B and 31/5, Avakuru Village, Korukollu Post, Kalidini Mandal, Krishna District. The petitioner filed certified copies of tax receipts to show that she is paying taxes to the panchayat and that she is in possession of the property in question. In view of the fact that the petitioner is said to have been in possession of the property in question, respondent Nos.1 and 2 cannot evict the petitioner forcibly without following due process of law. 6. Hence, the Writ Petition is disposed of directing respondent Nos.1 and 2 to evict the petitioner from the property in question for the purpose of laying service road only after giving a notice and giving her a reasonable opportunity. There shall be no order as to costs. _______________ K.C.BHANU, J DECEMBER 01, 2011. YVL