IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.34248 of 1998 Between: 1 Kotagiri Prabhakar,Died S/o Sangiah R/o 4-4-55,Sadasivpet, Medak District. 2 K.Raghavandra S/o Kotagiriprabhakar Rep.by his Maternal Uncle Satyanarayana S/o Damodar Rao,32 Years, R/o Vimalnivas Beside Sangam Theatre, Bidar,Karnataka State. ..... PETITIONERS AND 1 Sadasivepet Municipality, Rep.by its Commissioner, Sadasivepet, Medak District. 2 The Commissioner, Sadashivepet Municipality, Sadasivpet, Medak District. 3 Government of Andhra Pradesh, Rep.by its Secretary, Muncipal Adiministration, Secretariat, Hyderabad. .....RESPONDENTS 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 to issue an appropriate, Writ, order or direction declaring the action of the Respondents in trying to interfere with the petitioner's possession and enjoyment of 410 sq.yards of land situated in Plot.Nos.3-8-38, 3-7-94 and 3-8-41 of Sadaivpet Municipality, Sadasivpet Medak District, bounded by East:Kunta, West;Vikarabad Raod, North;Police Quarters and South:Kunta, as illegal, arbitrary, unreasonable, violative of law, contrary to law, violative of articles 14, 21 and 300A of the Constitution of India and issue a consequential direction to the respondents herein not to interefere with the petitioners possession and enjoyment of the above said land and pass Counsel for the Petitioner:MR.M.RAJAMALLA REDDY Counsel for the Respondent No.: . The Court made the following: Form-NIC-OGS/WP{TML} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.34248 of 1998 O R D E R: The petitioner one Mr.Kotagiri Prabhakar submits that he is the owner of an extent of 410 sq.yards in plot Nos.3-8-38, 3-7-94, 3-8-41 within the specified boundaries situated at Sadasivpet Municipality, Sadasivpet, Medak District and the respondents 1 and 2 are resorting to evict him from the said property without following due process of law, and therefore, he seeks to issue a Writ of Mandamus directing them not to interfere with his peaceful possession and enjoyment of the same without following due process of law. A counter has been filed stating that the sale deed dated 22.11.1982 in respect of the said property reveals that the specific boundaries mentioned therein will not cover the area of 410 sq.yards and on verification of the spot and the municipal records, it reveals that the land covered under the said sale deed in favour of the petitioner is not the patta land but it is a Government (shikam) land. The petitioner filed the present writ petition on 08.12.1998 and he died on 09.06.2000, therefore, his son came on record being the legal heir of the petitioner. It is stated in the counter that though the property was mutated in the name of the petitioner on 19.02.1983, but the said mutation was made only on misrepresentation. It is stated that the land in Sy.No.414 is the Government land and it is required for the public purpose such as construction of E.L.S.R for protected water supply scheme and the Government sanctioned financial assistance for the same and the work is under progress. It is further stated that the petitioner was not in possession of the said land, as such eviction of the petitioner does not arise. It is further stated that pursuant to the interim direction granted by this Court, the execution of the above work was being continued, but it did not touch the site in question. This Court while admitting the writ petition granted interim direction to the 1st and 2nd respondents not to interfere with the possession and enjoyment of the petitioner over the 410 sq.yards situated in the plot No.3-8-38, 3-7-94 and 3-8-41 of Sadasivapet Municipality, Sadasivapet, Medak District, bounded by; East-Kunta, West-Vikarabad Road, North-Police Quarters and South-Kunta. There is a serious dispute with regard to rival claim that the property belongs to the petitioner, and in fact the Municipality mutated the name of the petitioner, but the respondents 1 and 2 now submitted that it is the Government land and on misrepresentation mutation was effected. If that be so, even assuming that the petitioner is an encroacher, he cannot be evicted without following due process of law. Having regard to the facts of the case, without expressing any opinion with regard to the right, title and the possession of the property in question, the Writ Petition is disposed of, directing both the parties to maintain status quo with regard to possession existing as on the date, keeping it open for the respondents to take appropriate proceedings as to whether the petitioner is an encroacher, and even assuming that the petitioner is an encroacher, he cannot be evicted without following due process of law. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 08.08.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Sadashivepet Municipality, Sadasivpet, Medak District. 2 Government of Andhra Pradesh, Rep.by its Secretary, Muncipal Adiministration, Secretariat, Hyderabad. 3.2CCs to 4.2CD copies