IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16153 of 2008 Between: 1 Damathoti Chenchaiah S/o. Venkaiah 2 D. Jalamma W/o. Venkata Subbaiah 3 Yerrajonna Potaiah S/o. Bangaraiah 4 Jayapu Sanyasi S/o. Jaggaiah All are Residing Tagetipalam Village, Anemadugu Post, Kavali Mandal, Nellore district. ..... PETITIONER(S) AND The Municipal Corporation, Rep. by its Commissioner, Kavali Municipality, Nellore District. .....RESPONDENT 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 directions more particulrly one in the nature of Writ of Mandamus to declare the action of the respondent in interfering with the peaceful possession and enjoyment of the petitioners agricultural land to an extent of Ac.0-40, 0-73, 0-50 and 0-70 in Sy.No. 545/3, 545/4, respectivel;y situated at Thagetipalem Village, Anemadugu Post, Kavali Mandal, Nellore District is as illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondent not to interfere with the peaceful possession nad enjoyment of the petitioners agricultural lands and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.NARASIMHULU Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : O R D E R: This Writ Petition has been ﬁled by the petitioners who are four in number assailing the action of the respondent in interfering with the possession by way of dumping the garbage therein. The petitioners claim to be owners and possessors of 73 cents, 40 cents, 50 cents and 70 cents respectively. According to them, the respondent is interfering with their possession by way of dumping the garbage therein. When this writ petition came up for admission learned Standing Counsel for Nellore Municipality takes notice on behalf of respondent. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for Nellore Municipality. Learned Standing Counsel appearing for Nellore Municipality submits that the respondent would follow due process of law in the event of the land owned by the petitioners herein is required for any public purpose i.e. storage of garbage etc. In that view of the matter, this writ petition is disposed of directing the respondent to follow due process of law in the event of the land owned by the petitioners is required for any public purpose such as storage of garbage etc. No costs. 6th September, 2008. (B.Seshasayana Reddy,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.16153 OF 2008 6T H SEPTEMBER 2008