Revennu Wahida Begum, W/o. Revennu Sathar Khan v. Shaik Samiulla, S/o. Shaik Abdul Sathar
2025-11-12
B.KRISHNA MOHAN
body2025
DigiLaw.ai
Order : B. KRISHNA MOHAN, J. 1. Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 3 and the learned counsels appearing for the respondent Nos.5 & 6. 2. This writ petition was filed questioning the action of the respondents especially respondent Nos.3 & 4 in interfering with peaceful possession and enjoyment of dwelling units of the petitioners constructed in plot Nos.165 and 31 respectively situated in Sy.No.119- P, Minority Colony, Rapthadu Revenue Village and Mandal, Anantapuram District without following the due procedure and without issuing any notice. 3. The learned counsel for the petitioners submits that the 1 st petitioner constructed the house in plot bearing No.165 and Gram Panchayat assigned the H.No.9-165 and the tax receipt was also issued for the period 2018-19 by the 4 th respondent. The 2 nd petitioner also constructed the house in the plot No.31 and the said house is not yet assessed by the Gram Panchayat but they are residing in their respective dwelling units. But without issuing any notice, the respondent Nos.3 & 4 tried to interfere with their possession in the subject plots/houses. 4. On the other hand, the learned counsels for the respondent Nos.5 & 6 submit that the 5 th respondent is given house possession certificate for the plot No.31 and the 6 th respondent was also given house possession certificate for the plot No.165 in Sy.No.119-P of Rapthadu village and mandal, Ananthapuram District dated 03.01.2019 and 28.08.2005 respectively. 5. Whereas the learned Assistant Government Pleader relying upon the counter of the 3 rd respondent submits that the 1 st petitioner produced the copy of the possession certificate issued in her favour on 19.06.2012 stating that the assessment was granted against plot No.165 in Sy.No.119-P of Rapthadu village and mandal. But she has not occupied the site in question. The 2 nd petitioner submitted a certified copy of possession certificate dated 25.09.2020. He is also not in possession of the site granted to him. Further for the plot No.31 in Sy.No.119-P house site patta was granted in favour of Sri A.S.Karimulla S/o late A.S.Yasis Sab vide proceedings dated 25.08.2025. He constructed a house in that house site. Subsequently, he disposed the property in favour of the 5 th respondent.
He is also not in possession of the site granted to him. Further for the plot No.31 in Sy.No.119-P house site patta was granted in favour of Sri A.S.Karimulla S/o late A.S.Yasis Sab vide proceedings dated 25.08.2025. He constructed a house in that house site. Subsequently, he disposed the property in favour of the 5 th respondent. As the genuineness of the D- Form pattas produced by all the three persons are in question it has become expedient to conduct an enquiry. The petitioners were asked to attend the enquiry to examine, assess and certify the genuineness of the possession certificates possessed by them as the corresponding files are not available in the Tahsildar Office, Rapthadu Mandal. 6. In view of the above said facts and circumstances, as there is a rival claim of possession certificates issued in favour of the petitioners and the respondent Nos.5 & 6 with respect to the subject plots, the petitioners are directed to make a representation to the 2 nd respondent enclosing all the necessary documents in support of their claim within a period of four (4) weeks from the date of receipt of this order. On receipt of the said representation from the petitioners, the 2 nd respondent shall consider and dispose of the same strictly in accordance with law by hearing all the parties concerned including the petitioners, the unofficial respondent Nos.5 & 6 and others giving due opportunity and upon verification of the records and the subject plots, appropriate decision shall be taken on its own merits as expeditiously as possible preferably within a period of four (4) months thereafter. The respondent Nos.5 & 6 are also permitted to make their representations and objections if any to the representation of the petitioners before the 2 nd respondent soon after receiving the notices from the 2 nd respondent or even prior to it before the above said period of four (4) weeks from the date of receipt of this order copy. They can also submit their representations and objections before the said authority soon after receiving the representation of the petitioners. 7. Accordingly, the writ petition is disposed of. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject plots. Interim order if any, deemed to have been vacated. There shall be no order as to costs.
7. Accordingly, the writ petition is disposed of. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject plots. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.