THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.30417 OF 2011 ORDER: This writ petition is ﬁled seeking to issue writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioner from her residential house property located in Sy.No.195-1A/1B of Sattenapalli Village bearing Door No.8-9-7/A, 6th Ward, Challavari Street, Sattenapalli, Guntur District as illegal and arbitrary. 2. It is stated in the aﬃdavit ﬁled in support of the writ petition that the petitioner belongs to backward community. She has no house or landed property and living by doing petty works. She raised constructions in the aforementioned poramboke land to an extent of Ac.0.02 cents. She constructed house in the said site about more than ﬁfty years back and residing in the said house. The Government also recognized her possession and granted house site patta in her name on 07.03.2005. Respondent No.2 issued the house site patta in her name to an extent of Ac.0.01¼ cents of land or 59 Sq.yards of site in the said survey number. The Government, after assigning the plot numbers to all the persons in the area, allotted plot number 4 to their house. The patta was granted in her name by the then Mandal Revenue O ﬃc e r, Sattenapalli. She constructed permanent asbestos cement roof house in the residential site. Respondent No.1 Municipality assigned door number to her cement roof house. She is also having electricity connection to her house. The Civil Supplies Department also issued household card in her name. While so, respondent No.1 is pressing them to vacate the premises, as the Municipality wants to construct shopping complex in that area. Hence, she ﬁled the present writ petition. 3. Learned counsel for the petitioner contended that by virtue of a patta granted by the revenue authorities, the petitioner constructed an asbestos cement roofed house and that this was assessed to property tax and door number was also given; that when the matter stood thus, respondent No.1 is trying to evict the petitioner from the schedule premises for the purpose of construction of a shopping complex and hence, he prays to issue a direction to respondent No.1 not to interfere with the possession of the petitioner. 4. Learned Standing Counsel appearing for respondent No.1 Municipality contended that after following the due process of law, respondent No.1 would take appropriate decision in evicting the petitioner in case the site in question is required for the purpose of building a shopping complex. 5. The factual matrix is not in dispute. The petitioner is said to have been granted a patta in respect of house site to an extent of Ac.0.01¼ cents of land or 59 Sq.yards in Sy.No.195-1A/1B of Sattenapalli Village, Guntur District. She constructed an asbestos cement roofed house. The Municipal Authorities also assigned door number. The petitioner also obtained an electricity connection. The Civil Supplies Department also issued a household supply card. The grievance of the petitioner is that without following the due process of law, respondent No.1 is trying to evict the petitioner from the said house for the purpose of constructing a shopping complex. Respondent No.1 can take an appropriate decision by following the due process of law if the site in question is required for the purpose of constructing a shopping complex and it cannot be permitted to evict the petitioner forcibly from the schedule premises except in accordance with law. Therefore, respondent No.1 is directed to acquire the site in question in accordance with law in case the site is required for construction of a shopping complex. Till then, the petitioner shall not be evicted forcibly. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 17th November, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.30417 OF 2011 Date:17.11.2011 AMD