- (1.) THIS writ -petition is filed seeking directions by way of mandamus declaring the action of the 1st respondent in trying to dispossess the petitioner from his house assigned vide HSR. Dis. No.6/98, dated 25.1.1989 in Survey No. 145/2, admeasuring Ac.0.03 cents in Mulukaledu Majara, Thippanapalli Village, Settur Mandal, Ananthapur District without issuing any notice and without following due process of law, as illegal and violative of principles of natural justice.
(2.) IT is the case of the writ petitioner that he was assigned with a house site in Sy.No.145 -2 with Plot No.4 vide assignment patta HSR Dis.No.6/98, date 25.1.1989 admeasuring Ac.0.03 cents in Mulukaledu Majara, Thippannapalli Village, Ananthapur District and that he raised a small hut in the said site and living therein with his family. It is his case that when he intended to construct a pucca house in the said site, the respondents with a mala fide intention made attempts to dispossess him from the subject land and that he made - a written representation to the respondents requesting not to dispossess him from the land. However, it is stated that on 10.7.2008 the respondents came to his land and asked him to vacate the said house and threatened him with dire consequences. The 1st respondent did not choose to file any counter in spite of giving several opportunities.
(3.) THE 2nd respondent -Sarpanch of the Gram Panchayat Thippannapalli, filed counter stating that the petitioner, having occupied the rastha in Thippannapalli Village, is trying to construct a pucca house without getting his land identified by the Tahsildar. It is the case of the 2nd respondent that the Panchayat Secretary of the Gram Panchayat issued a notice dated 22.12.2007 asking him not to construct any house therein, but in spite of the same, as the petitioner is trying to raise the structures, the 2nd respondent filed OS No.119 of 2008 on the file of the Junior Civil Judge, Kalyandurg for grant of permanent injunction and obtained interim injunction against the writ petitioner by an order dated 17.6.2008.;