THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30883 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in interfering with peaceful possession of the petitioner over property bearing Door No.39-6-72/1 situated in Sy.No.9/5 part admeasuring 1156.99 square yards, Kapparada, Visakhapatnam District without following due procedure established under law as illegal and arbitrary. 2. Case of the petitioner may be stated as follows: Originally, the aforesaid property belonged to one Nambala Appalanarsamma, who sold the same to vendor of petitioner Smt.Marada Gopala, w/o. M.Jagannadham. She entered into a sale agreement with the petitioner on 12.10.1982 in respect of property in question agreeing to sell the same and received part sale consideration and later received balance sale consideration on 30.8.1983. On 15.5.1996, she died and as per terms of will executed by her, her husband executed a registered possessory sale agreement dated 15.3.2009 in favour of the petitioner, and ever since, the petitioner has been in possession and enjoyment of the same without hindrance from any corner. He also obtained electricity supply connection and also paying vacant land tax for the rest of the land. On 21.11.2011, staff of respondents came to the property and tried to erect poles on rear side of the said property covering approximately 1/3rd area of the said property, without notice or any manner of right or authority. Hence, the Writ Petition. 3. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the first respondent and the learned Government Pleader for Revenue appearing for the respondents 2 to 4. 4. It is the case of the petitioner that staff members of the respondents are trying to erect poles on the rear side of his property without any notice and therefore he prays to issue direction as prayed for. 5. On the other hand, it is contended on behalf of the respondents that the petitioner is trying to encroach against his survey number and that he has not come to the court with clean hands, and therefore, it is prayed to dismiss the Writ Petition. 6. The petitioner claims title over the property stating that he is in possession of the property for more than six decades. Whether he acquired title over the said property by way of adverse possession or not, cannot be decided by this Court exercising the jurisdiction under Article 226 of the Constitution of India. It is a matter to be decided by competent civil court where the party has to plead and establish his plea of adverse possession to the knowledge of the true owner. Therefore, the direction sought for in this writ petition cannot be granted. 7. The Writ Petition is, accordingly, disposed of leaving open the remedies available to the petitioner under law. No costs. --------------------- (K.C.Bhanu, J.) 22.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30883 OF 2011 22.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30883 OF 2011 DATED 22.11.2011 Between: T. Venkateswarlu …Petitioner And The Vice Chairman, Visakhapatnam Urban Development Authority, Siripuram, Visakhapatnam & others …Respondent