WP/33848/2010 of Gusimi Ramulamma Vs Vizianagaram Municipality, Vizianagaram - 532 001, on 31 December 2010

ORDER:

Heard Sri N. Siva Reddy, learned counsel for the petitioner andSri S. Nageswara Reddy, learned Standing Counsel for therespondents and at their consent only this writ petition being disposedof at the admission stage.

The petitioner claims to hold patta in respect of 73 sq. yds ofvacant site situated in T.S.No.127/5P in Ward No.1 of Nandiguddivillage of Vizianagaram Municipality. It is stated that she hasconstructed a house by availing loan from the A.P. State HousingCorporation under Indiramma Housing Programme Phase-III and hasbeen residing in the said house along with her family. It is stated that inspite of her right and possession over the said house, the 1[st]respondent under the influence of some local Municipal Counsellor istrying to evict her without following due process of law. The petitionerhas therefore filed this writ petition to prevent the 1[st] respondent fromdispossessing her without following due process of law.

From the pleadings, the possession certificate dated 22.10.2008and the list of beneficiaries identified by the A.P. State HousingCorporation Limited for the purpose of financial aid under theIndiramma Housing Programme Phase-III, it is evident that thepetitioner is in possession and enjoyment of the said house. It is wellsettled that no person including the encroacher can be deprived of hisproperty except by due process of law.

In the circumstances, this writ petition is disposed of directing the 1[st] respondent not to evict the petitioner from the house bearingD.No.12-25-12-A, of Nandiguddi, Vizianagaram, except by followingdue process of law.

The writ petition is disposed of as above. There shall be no orderas to costs.

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NOUSHAD ALI, J.

31[st] December, 2010

Js.