IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 85 of 2008 Between: 1 Smt. K. Ramya, W/o. K.R.K. Raju, Hindu, R/o. Gandhinagar, Mudunurivari Street, Vijayawada Krishna District. 2 P.N.V. Surekha, W/o. Srinivas, R/o. Door o. 26-22-23, Patamata, Vijayawada. 3 P. Ramesh Kumar, S/o. Gurunadha Rao, R/o. F-201, Poornima Residency, Teachers Colony, East Marredpally, Secunderabad. ... PETITIONERS AND 1 The District Collector, Chittoor District, Chittoor. 2 The Revenue Divisional Officer, Tirupathi, Chittoor District. 3 The Tahsildar, Tirupathi (Urban), Chittoor District. ...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 issue more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in interfering with petitioners peaceful possession and enjoyment of the land admeasuring Ac. 2.00 in Survey No. 78/2B4 of Mangalam Village, Tirupathi Urban, without ay manner of right as illegal, arbitrary, unconstitutional and consequently direct the respondents not to interfere with the petitioner's peaceful possession of the schedule land without following due process of law in the interest of justice Counsel for the Petitioners: MR.K.CHIDAMBARAM Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER: Petitioners submit that they are the joint owners of an extent of Ac.2.00 in Sy.No.78/2B4 situated at Mangalam Village, Tirupathi Urban, Chittoor District having purchased the same vide registered sale deed dated 22.10.1983 bearing document No.4272/03 and document No.2969/04 dated 14.06.2004. They further submit that when they wanted to develop the said land, they have made a representation before the Sub-Registrar, Renigunta for giving market value of the said lands and the market value of the said lands has also been issued on 23.11.2006. In the meanwhile, the respondents 2 and 3 made an attempt to interfere with their peaceful possession; therefore, they have issued a legal notice dated 14.12.2007 to the respondents not to interfere with their peaceful possession. 2. Learned counsel for the petitioners submit that pursuant to the said legal notice, the Collector, Chittoor District vide his letter in L.Dis. (E5)/16560/2007 dated 03.01.2008 requested the Mandal Revenue Officer, Tirupathi Urban Mandal, to take necessary action in the matter and issue a suitable reply to the said notice issued under Section 80 of the Code of Civil Procedure with regard to the alleged interference with the peaceful possession and enjoyment of the petitioners in respect of the said lands. 3. Having regard to the facts and circumstances of the cases and without expressing any opinion on the merits of the case and also with regard to the right, title and interest of the petitioners, the respondents are directed not to dispossess the petitioners, if they are in possession, without following due process of law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 29, 2008 DSK