THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.3275 of 2005 Date: 08.12.2010 Between: M/s. Saipriya Constructions Ltd. …Petitioner And The Mandal Revenue Officer, Chinagadili Mandal, Visakhapatnam District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.3275 of 2005 ORDER: Though the matter is listed in interlocutory stage, with the consent of both the parties, the writ petition itself is taken up for final disposal. 2. The petitioner, claiming to be in possession of an extent of Acs.5-00 of land in Sy.Nos.108/2 and 108/4, situated at Madhurawada village, Chinagadili Mandal, Visakhapatnam District, has filed this writ petition challenging the action of the respondents in seeking to forcibly dispossess it without following due process of law, as arbitrary and illegal. 3. The brief facts as pleaded by the petitioner are that an extent of Acs.5-00 of land in Sy.Nos.108/2 and 108/4, situated at Madhurawada village, Chinagadili Mandal, Visakhapatnam District, was originally assigned to an Ex-Serviceman, namely Veerabathuni Elisha Rao by granting D-Form patta on 11.4.1978 and his name was also incorporated in the revenue records as an assignee. After the demise of the said assignee, his wife and children inherited the said land and sold away the same to the petitioner firm under registered sale deeds, dated 16.6.1995 and 15.6.1995. Pursuant to the said sale, the petitioner was put in possession of the said land. While so, the 1st respondent visited the land in question somewhere in February, 2005 and threatened to forcibly dispossess the petitioner high-handedly. Apprehending forcible dispossession and complaining that the authorities cannot resort to such high-handed activity, the petitioner has filed the present writ petition. 4. The Mandal Revenue Officer, Visakhapatnam (Rural), the 1st respondent herein, filed a counter affidavit, inter alia stating that the land in question is a Government land assigned to Sri Veerabathuni Elisha Rao and the patta granted in his favour has not been cancelled. It is also stated that at present the land is in possession of the petitioner. 5. Therefore, it is evident that as on date the petitioner is in possession of the subject land. The validity or otherwise of alienation of the said land and the eventual purchase by the petitioner are the matters to be examined and arrive at a decision by the authorities concerned. Even assuming that the petitioner is not entitled to remain in possession and its possession is illegal, it cannot be dispossessed high-handedly without following due process of law. 6. In the above circumstances, the writ petition is disposed of directing the respondents not to take any coercive steps to dispossess the petitioner from the subject land without following due process of law. There shall be no order as to costs. ________________________ JUSTICE NOUSHAD ALI 08.12.2010. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI 3. WRIT PETITION No.3275 of 2005 08.12.2010 (Msr)