IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4237 of 2008 Between: Smt. K. Sujatha W/o. Krishna Murthy Mayuri Center, Opp: Hospital of Dr. Adishankar Rao, Khammam Town, Khammam District. ..... PETITIONER AND 1 The Government of A.P., rep. by its Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Khammam. 3 The Revenue Divisional Officer, Khammam. 4 The Tahasildar, Khammam Urban (M), At Khammam 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 Writ or direction preferebly writ of mandamus declaring the action of the respondent nos. 3 & 4 in taking steps to dispossess the petitioner from the land admeasuring 124.61 sq. yards covered by small tin sheds consistilng of 3 rooms situated at opp: to Dr. Adishankar Rao Hospital, Mayuri Center, Khammam, without issuing any notice and without considering her request for regularization as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents and their subordinates not to dispossess the petitioner from the said land and further direct the respondents to consider petitioner request for assignment or for regularization in respect of the said land and pass such other or further orders Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 4237 of 2008 Order: The petitioner claims to be in peaceful possession and enjoyment of an extent of 124.61 Sq. Yards of land, and having erected a tin shed therein, is doing business in the name of Sujatha Fancy and General Stores. She states that when one Kasiboina Lakshmi and others tried to interfere with her possession, she filed suit in O.S. No. 1053 of 2001 on the file of the Principal Senior Civil Judge, Khammam, and the same was decreed in her favour on 23.08.2002. She further states that when one Association by name A.P. Panchayat Secretaries Association tried to interfere into her possession, she filed O.S. No. 14 of 2008 on the file of the Senior Civil Judge, Khammam and obtained orders of interim injunction in I.A. No. 48 of 2008. The petitioner states that she made a representation dated 18.02.2008 to the respondents requesting them to regularize her possession. But without passing any orders thereon, without following due process of law, the respondents are trying to evict her from the land in question. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents. Having regard to the scheme of regularization floated by the Government in G.O. Ms. No. 166, dated 16.02.2008, the learned counsel for the petitioner submitted that the petitioner be given liberty to avail the said remedy. In view of the stand taken by the learned counsel for the petitioner, I deem it appropriate to dispose of the writ petition with the following directions: The petitioner is at liberty to file an application under G.O. Ms. No. 166, dated 16.02.2008 for regularization of her possession of the land in question. If any such application is made, the respondents shall consider the same and pass appropriate orders thereon in terms of the scheme. Till then the respondents are directed not to dispossess the petitioner from the land in question. In the event, any adverse order is passed, the petitioner is at liberty to assail the same. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 07.03.2008 Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}