IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 21344 of 2000 Between: Pasala Asheervadam S/o.Venkanna,Hindu, R/o.Peravali, Tanuku D.M.C., W.G.District. ..... PETITIONER AND 1 Revenue Divisional Officer, Kovvur, W.G.District. 2 Mandal Revenue Officer, Peravali, W.G.District. 3 Executive Engineer, P.W.D.(Drains) Bhimavaram, W.G.District. .....RESPONDENTS Counsel for the Petitioner:MR. M.SRINIVAS FOR MR.CH.DHANAMJAYA Counsel for the Respondents: AGP FOR REVENUE The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in ‘dispossessing’ the petitioner from his lawful possession and enjoyment of land admeasuring Ac.0.49 cents and Ac.0.35 cents in respect of R.S.Nos.62/2 and 63/2 respectively of Peravali Village and Mandal, West Godavari District without granting patta, as illegal and arbitrary. Heard Sri M.Srinivas, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents and perused the record. In his affidavit, the petitioner claimed that he retired from Military Service and encroached into the land admeasuring Ac.0.50 cents and Ac.0.35 cents in R.S.Nos.62/2 and 63/2 respectively classified as Bodey poramboke in the year 1976. He pleaded that on 06.06.1978, he made an application to the then Tahsildar, Tanuku for granting patta and that respondent No.1 inspected the said land, found the encroachment unobjectionable and directed his subordinates in proceedings, dated 26.08.1978 to convert the land into Ayan to facilitate grant of patta. Accordingly, he paid Rs.20/- on 17.11.1978 for effecting sub-division and deposited a sum of Rs.17.40ps. for laying survey stones. He further pleaded that the survey stones were planted on all four corners and later, at the behest of some neighbouring landlords, respondent Nos.2 and 3 started digging in the middle of his land. He, therefore, filed O.S.No.136 of 1979 in the Court of District Munsif, Tanuku for mandatory injunction to fill up the pits dug by the respondents and also for permanent injunction restraining the respondents from interfering with his peaceful possession of the land. The said suit having been dismissed, the petitioner filed A.S.No.2 of 1984 in the Sub-Court, Tanuku and the said appeal was allowed and a decree for permanent injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the same was granted. The petitioner alleged that having borne grudge for his obtaining the decree, the respondents have not been allowing him to cultivate the land. Hence, he filed the present writ petition. No counter-affidavit is filed on behalf of the respondents. From a perusal of the averments mentioned above, it is clear that the petitioner already approached the competent civil Court and persuaded it to grant permanent injunction. A perusal of the decree granted by the Sub- Court, Tanuku shows that the respondents were restrained from evicting the petitioner highhandedly without following the procedure under the provisions of the Andhra Pradesh Land Encroachment Act, 1905. If in the face of the said decree, the respondents tried to unduly interfere with the possession of the petitioner, he is entitled to initiate appropriate proceedings against the respondents for violation of the said decree either under the provisions of the Civil Procedure Code or under the Contempt of Courts Act, 1971. In my considered view, the petitioner is not entitled to invoke the jurisdiction of this Court under Article 226 of the Constitution of India, while he has effective remedies, as mentioned above, available. Therefore, the writ petition is wholly misconceived and is dismissed with liberty to the petitioner to avail appropriate remedies, if the respondents seek to dispossess him in violation of the decree passed by the civil Court. As a sequel to dismissal of main petition, interim order, dated 07.11.2000 is vacated and WPMP.No.27120 of 2000 is dismissed. C.V.NAGARJUNA REDDY, J 25th JULY, 2008. kvni