IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.15975 of 2008 Between: Kannidi Vijaya Kumari W/o. Kameswara Rao 69-3-16/8, SBH Colony, Gaigolupadu, Kakinada-3, East Godavari District. ..... PETITIONER AND 1 The District Collector, Kakinada, East Godavari District. 2 The Superintending Engineer, Panchayat Raj, Kakinada, East Godavari District. 3 The Executive Engineer, Panchayat Raj (Division-II), Kakinada, East Godavari District. 4 The Deputy Executive Engineer, Panchayat Raj (Division-II), Kakinada, East Godavari District. 5 The Mandal Engineering Officer, Panchayat Raj, Pitapuram, Pitapuram Mandal, East Godavari Distrct. .....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 a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents in trying to dispossess the petitioner from the land measuring an extent of Ac. 0.55 cents situated in Sy.No.226-1 of P.Rayavaram Village, Petapuram Mandal, East Godavari District, without following due process of law as arbitrary illegal, unconstitutional ad consequently direct the respondents not to interfere with the said land without following due process of law and pass Counsel for the Petitioner: MR.T.NAGARJUNA REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following: Form-NIC-OGS/WP{KSRANI} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.15975 of 2008 ORDER: It is the case of the petitioner that he is the owner of the land admeasuring Ac.0.55 cents in Sy.No.226/1 of P.Rayavaram village, Pitapuram Mandal, East Godavari District having purchased the same for valid consideration under registered sale deed dated 23.05.1984. While so, it is stated that in the second week of June, 2008 respondents 2 to 5 came to the site and started giving makings. On enquiry, the respondent informed that they wanted to repair the existing Punta Road and in the said process they tried to encroach the land of the petitioner of an extent of Ac.0.10 cents without due process of law. Aggrieved by the said action, this writ petition is filed without making any application and without lodging any protest before the respondents. This Court, while issuing notice before admission, directed the respondents not to dispossess the petitioner from the property in question without following due process of law. Having regard to the facts of the case, the Writ Petition is disposed of, permitting the petitioner to make a representation before the concerned respondents, within 4 (four) weeks from the date of receipt of a copy of this order, and if any such representation is filed, the same may be considered and disposed of by the concerned, in accordance with law. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 01.05.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Kakinada, East Godavari District. 2 The Superintending Engineer, Panchayat Raj, Kakinada, East Godavari District. 3 The Executive Engineer, Panchayat Raj (Division-II), Kakinada, East Godavari District. 4 The Deputy Executive Engineer, Panchayat Raj (Division-II), Kakinada, East Godavari District. 5 The Mandal Engineering Officer, Panchayat Raj, Pitapuram, Pitapuram Mandal, East Godavari Distrct. 6 2. 2CCs to 7. 2CD copies