IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 14650 of 2009 Between: 1 Thammisetty Lakshamma, W/o. Rama Swamy, R/o. Akkasamudram (V), Balayapalli Mandal, Nellore District. 2 Thammisetty Chinnamma, W/O. Polaiah, R/o. Akkasamudram (V), Balayapalli Mandal, Nellore District. ..... PETITIONER(S) AND The Tahsildar, Balayapalli Mandal, Nellore District. .....RESPONDENT 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 issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in threatening to dispossess the petitioners from teh agricultural lands of Ac. 1.50 cents each in sy.No. 78/2, Akkasamudram Village, Balayapalli Mandal, Nellore District despite the existing lease hold rights as illegal, arbitrary and in violation of principles of natural justice and contrary to Article 14 & 21 of the Constitution of India and consquentially to direct the respondent to allow the petitioners to cultivate the said lands as per the terms and conditions of the lease Counsel for the Petitioner:MR.K.V.RAJENDRA PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 14650 of 2009 22-07-2009 Oral Order: Apprehending unlawful dispossession by the respondent of the lands of an extent of Ac.01-50 cents each in survey No. 78/2 of Akkasamudram village, Balayapalli Mandal, Nellore District, the writ petition is filed. Each of the petitioners claims to have been granted leasehold rights for one year (i.e., from 01-07-2003 to 30- 06-2004), for cultivation of the lands. The petitioners claim to be continuing in occupation despite the lease period having expired. They allege that on the basis of a complaint from the villagers, the respondent would dispossess them. Neither the State nor an Instrumentality of the State is impleaded as a party in this writ petition. The Tahasildar, Balayapalli Mandal, Nellore District is alone impleaded as the respondent, who does not per se satisfy the description of the State or an instrumentality of the State. In the circumstances, the writ petition is not maintainable. Also the petitioners have an effective alternative remedy, if apprehending dispossession without following the due process of law, by way of injunctive relief before the civil Court of competent jurisdiction. On the aforesaid analysis, the writ petition is dismissed with liberty to the petitioners to pursue appropriate alternative remedy. No costs. ____________________ GODA RAGHURAM, J Dated: 22-07-2009 Pvks