IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4951 of 2008 Between: Chitikela Laxmi W/o Rambabu R/o joginadhunipalem, Hamlet of Pedaboddepalli, Pedaboddepalli Panchayat, Narasimpatnam Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The District Collector, Cum Executive Director, Andhra Pradesh State Housing Corporation, Visakhapatnam District, Visakhapatnam. 2 The Thahsildar, Narasimpatnam mandal, Narasipatnam Village, Visakhapatnam District 3 the Executive Officer andthe Adarsha Special Officer, Pedaboddepalli Panchayat, Pedaboddepalli Village, Nasasipatnam Mandal, Visakhapatnam District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order. direction inthe nature of mandamus declaringthe action of the respondents 2 and 3 herein in demolishing the basement constructed by the petitioner as per and accordingto the order of the respondent sanctioningthe housing loan under Indiramma 2007- 2008 housing loan scheme vide his proceedings in 69/2007/Indiramma Phase-II dt 30-08-2007 in serial No. 264/752 and in threatening the petitioner to evict from even the thatched hut in which the petitioner is residing with his husband and her eight years old daughter as illegal, unjust arbitrary and Violative of Articles 14 and 21 of the Constitutionof India andto pass such other orders or orders inthe circumstances of the case. Counsel for the Petitioner:MR.K.V.SEKHAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition has been filed by Chitikela Laxmi with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the Tahsildar, Narasipatnam Mandal-2nd respondent and the Executive Officer & the Adarsha Special Officer, Pedaboddepalli Panchayat, Pedaboddepalli village-3rd respondent in demolishing the basement constructed by her as per the sanction order of the respondents under Indiramma 2007-2008 housing loan scheme vide proceedings in 69/2007/Indiramma Phase-II, dated 30- 08-2007, in serial No. 264/752, and threatening the petitioner to vacate even the thatched hut, in which the petitioner is residing with her husband and eight years old daughter, as illegal, unjust arbitrary and violative of Articles 14 and 21 of the Constitution of India. 2. Petitioner is a resident of Joginadhunipalem, hamlet of Pedaboddepalli Panchayat, Narasipatnam Mandal, Visakhapatnam District. She is in occupation of 30 sq. meters of open site. Sanction has been accorded to her by the Andhra Pradesh State Housing Corporation to construct a house. She constructed a house upto basement level by spending Rs.30,000/-. She also raised a thatched hut beside the 30 sq. meters site. Whileso, respondents 2 and 3 started proclaiming that they would evict her from the said thatched hut. Hence, this writ petition with a prayer stated supra. 3. Learned Government Pleader for Revenue received notice and took time for filing counter-affidavit. But, no counter-affidavit has been filed by the respondents so far. 4. Heard learned counsel appearing for the petitioner and perused the affidavit filed in support of the writ petition. 5. It is stated in the affidavit filed in support of the writ petition that the Andhra Pradesh State Housing Corporation sanctioned loan to her for construction of the house over 30 sq. meters of site. She placed on record the proceedings issued by the Andhra Pradesh State Housing Corporation, Visakhapatnam District. In that view of the matter, I deem it appropriate to dispose of the writ petition at the admission stage directing the respondents to follow the due process of law in the event of the petitioner being evicted from the site in her occupation. 6. Accordingly, the writ petition is disposed of at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:25th June, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}