THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.25209 of 2010 Date : 1-2-2011 Between : Kakarla Laxmidevamma and another .. Petitioners And The District Collector, Prakasam District, Ongole and others .. Respondents Counsel for petitioners : Sri Sreenivasa Rao Velivela Counsel for respondent No.1 : A.G.P. for Revenue Counsel for respondent Nos.2 & 3 : A.G.P. for Panchayat Raj Counsel for respondent Nos.4 & 5 : Sri M.Prabhakar Rao The Court made the following : ORDER: At the Interlocutory stage, the Writ Petition is taken up for hearing having regard to the nature of the case. The Writ Petition is filed for a mandamus to declare the action of the respondents in seeking to lay road through the petitioners’ land in S.No.202 of Pedakallakunta village, Kondapi Mandal, Prakasam District, as illegal and arbitrary. At the hearing, Sri Srinivas Rao Velivela, learned counsel for the petitioners submitted that the property in question belongs to the petitioners’ family and they have been in possession thereof from the time of their forefathers and that respondent Nos.4 to 6 are seeking to lay a road over the said land without following due process of law. In the counter affidavit filed on behalf of respondent Nos.4 and 5, it is inter alia admitted that the petitioners’ forefathers have occupied certain extents of grama kantam land and constructed houses and that the petitioners have succeeded to occupancy rights from their ancestors but no title can be claimed by them over the land in S.No.202. The rival pleadings show that there is a dispute regarding title over the property. Therefore, the petitioners can avail the common law remedy of a civil suit for adjudication of this dispute. However, as it is admitted by respondent Nos.4 and 5 that the property in question is in possession of the petitioners’ family from their forefather’s time, their possession cannot be interfered with, without following due process of law. Accordingly, while relegating the petitioners to the appropriate civil court for resolution of title dispute, the respondents are directed not to dispossess the petitioners or interfere with their possession without following due process of law. Subject to the above directions, the Writ Petition is disposed of. __________________________ C.V. NAGARJUNA REDDY.,J Date : 1-2-2011 AM