THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27630 of 2010 Date: 09.11.2010 Between: Muninarayana Educational Society ..... Petitioner AND The Government of Andhra Pradesh, represented by its Principal Secretary and others. .....Respondents Counsel for the Petitioner: Sri T.C. Krishnan Counsel for Respondents: Assistant Government Pleader for Revenue The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent Nos.2 to 4 in seeking to dispossess the petitioner from land admeasuring Ac.0.04 ½ cents in survey No.662 of Gangavaram Village and Mandal, Chittoor District. The petitioner is an educational society, which is admittedly in occupation of the Government land to an extent of Ac.0.04 ½ cents in survey No.662. The petitioner pleaded that without initiating any proceedings under the provisions of the Andhra Pradesh Land Encroachment Act, 1905, the respondents are seeking to takeover possession. In my opinion, when the petitioner is admittedly in possession of the land belonging to the Government, the respondents are entitled to protect its property from the encroachers. The learned counsel for the petitioner submitted that even a land grabber is not liable for eviction without following due process of law. In my opinion, when the petitioner is admittedly in occupation of the Government land, it cannot claim any equities. This Court exercising its extra ordinary jurisdiction under Article 226 of the Constitution of India will not come to the aid of the person, who is admittedly in possession of the Government land. The petitioner has not offered any explanation for its unwillingness to handover possession of the Government land. Even if a notice was given, the petitioner would have no explanation to offer and the doctrine of useless formality theory squarely applies to this case. Therefore, on the facts of this case, I am not inclined to interfere with the action of the respondents, which is intended to protect the public properties from being grabbed by private persons to sub-serve their personal interests to the detriment of public interest. For the aforementioned reasons, the Writ Petition fails and the same is accordingly dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.35278 of 2010 filed by the petitioner for interim relief is dismissed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 09th November, 2010 GHN