IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28353 of 2008 Between: G.Venkata Krishna Rao S/o Venkata Swamy,Hindu Door No.3-82A Vekanuru(V) Avanigadda(M) Krishna District ..... PETITIONER AND 1 The Tahasildar Avanigadda (M) Krishna District 2 Vekanuru Grama Panchayat rep.by its Village Secretary Vekanuru Krishna District .....RESPONDENT(S) 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 order direction more particularly one in the nature of writ of Mandamus directing the respondents not to interfere with the residential house of the petitioner bearing old Assessment No.656 and new Assessment No.181 of Vekanuru(V) of Avanigadda(M) Krishna District besides declaring their action as illegal and ultra vires to the provisions of Article 14 21 and 300-A of the constitution of India and the principles of natural justice and pass Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Petition No. 28353 of 2008 Order: The petitioner claims that he owns a residential house in an extent of Ac.0.05 cents bearing old assessment No.656 and new assessment No.181 of Vekanuru village of Avanigadda Mandal, Krishna District. The petitioner has further stated that he has purchased the same for valuable consideration and has been paying tax etc. The writ petition, however, is filed on account of the allegation that the second respondent has visited the spot on 23.12.2008 and threatened to demolish the house on the ground that the petitioner’s house is constructed on a poramboke land. The petitioner submits that he has not been given any notice either under the provisions of the Land Encroachment Act or the Land Acquisition Act or the Land Grabbing Act etc., and apprehending that he will be highhandedly dispossessed the present writ petition is filed. I have heard the learned Government Pleader, who has placed before the Court the instructions received by him from the Tahsildar of Avanigadda Mandal. According to the received instructions, learned Government Pleader states that RS No.236/2 is classified in the village accounts as “Mandabayalu” Poramboke. However, it is stated that there is no proposal for taking over the petitioner’s land. In view of the said categorical statement, the apprehension of the petitioner that he is likely to be dispossessed does not survive for consideration. However, if the respondents desired to take any action in respect of the petitioner’s aforesaid house property, they will do so after following the due process of law by giving notice and opportunity of hearing to the petitioner and thereafter pass appropriate orders and take further proceedings. With the above observation, the writ petition is disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J. Date: 29.12.2008 Nsr