IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI WRIT PETITION NO : 11426 of 1995 Between: 1 Sadepalli Boyadass S/o. Bala Ramaiah Narukuru village (post), Thotapalli Guduru (M), Nellore. 2 Sadepalli Bala Prasad S/o. Bala Ramaiah Narukuru Village Thotapalligudur Mandal Nellore Dist. 3 Sadepalli Penchalamma W/o. Bala Ramaiah (All are residents of Narukuru village and post, Thotapalligudur Mandal, Nellore District. ..... PETITIONERS AND 1 The District Collector Nellore, Nellore District . 2 The Revenue Divisional Officer Nellore, Nellore District . 3 The Mandal Revenue Officer Thotapalligudur Mandal Nellore District. 4 The Executive Engineer (R&B) Nellore Nellore District . 5 Maddineti Sudhakaraiah s/o Jagannadham r/o. Pader village & post., Thotapalligudur Mandal, Nellore District. 6 Nasina Narayana son of Thataiah, r/o. Narukuru village Thotapalligudur Mandal, Nellore District. .....RESPONDENTS 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 an appropriate Writ, order or direction, particularly one in the nature of Writ of mandamus, declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the lands belonging to the petitioners in an extent of Ac.3-13 cents situate in S.Nos.46, 48-A/1, and 48-B/1, of Narukuru Village, Thotapalligudur Mandal, Nellore District, for the purpose of formation of channel, is arbitrary, illegal and consequently direct the respondents not to excavate the lands belonging to the petitioners of the purpose of formation of channel without following due process of law. Counsel for the Petitioner: MR.K.MURALIDHAR REDDY Counsel for Respondents 1 to 4: GP FOR REVENUE Counsel for Respondents 5 and 6: -- The Court made the following ORDER: Heard learned counsel for the parties. The cause of action shown in this writ petition is that the respondents 3, 5 and 6 were high-handedly interfering with the peaceful possession of the petitioners and a declaration was sought that the interference by the respondents with the peaceful possession and enjoyment of the land belongs to the petitioners admeasuring Ac.3.13 cents situated in Sy.Nos.46, 48-A/1 and 48-B/1 of Narukuru village was illegal. Basically this is a grievance, which could have been agitated in a suit. Now this petition is pending in this Court from a number of years. Counter has not been filed. I dispose of the writ petition directing the respondents not to dispossess the petitioners, if they are in possession, without following due process of law. No order as to costs. _______________ (Bilal Nazki,J) 24th March, 2005 vrn To 1 The District Collector Nellore, Nellore District . 2 The Revenue Divisional Officer Nellore, Nellore District . 3 The Mandal Revenue Officer Thotapalligudur Mandal Nellore District. 4 The Executive Engineer (R&B) Nellore Nellore District . 5 Two C.Cs. to the Government Pleader for Revenue, High Court of A.P., (OUT). 6 2 CD copies Form-NIC-OGS/WP{MUK}