IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 27648 of 2007 Between: 1 Chelluri Pattaiah Charyulu, s/o. Late Venkateswara Rao, R/o. Seesali Village, Kalla Mandal, West Godavari District. 2 Chelluri Sivannarayana, s/o. Late Venkateswara Rao, R/o. Seesali Village, Kalla Mandal, West Godavari District. ..... PETITIONERS AND 1 The Tahasildar, Kalla Mandal, West Godavari District. 2 The Executive Officer, Seesali Gram Panchayat, Seesali, Kalla Mandal, West Godavari 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in acquiring the petitioners' land admeasuring Ac. 0.50 cents in Sy.No. 219/B and 219/2B of Seesali Village, Kalla Mandal, West Godavari District, without issuing any notice and without following the due procedure of law, is illegal, arbitrary, unjust, against the principles of natural justice and in violation of Article 300-A of constitution of India and consequently direct the respondents not to acquire the petitioners' land without following due process of law. Counsel for the Petitioners:MR.K.V.L.NARASIMHA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: When the matter came up for admission, with the consent of both the learned counsel, the writ petition itself is disposed of finally. The case of the petitioners is that they are the absolute owners and possessors of land admeasuring Ac.0.50 cents in survey Nos.219/1B and 219/2B situated at Seesali Village, Kalla Mandal, West Godavari District. Originally, their forefathers purchased the property through registered sale deeds, dated 08.09.1964, 03.06.1963 and 24.09.1963 and since then, they have been enjoying the same without any hindrance. The grievance of the petitioners is that without issuing any notice and without following the due process of law, the respondents are trying to interfere with their possession. Hence, this Writ Petition. On instructions, learned Government Pleader for Revenue states that indeed the petitioners are the owners and possessors of land admeasuring Ac.0.20 cents in R.No.219/1B and Ac.0.22 cents in R.S.No.219/2B of Seesali Village, Kalla Mandal, West Godavari District. It is also stated that the petitioners own another extent of Ac.0.57 cents in R.S.No.214/1A, which is classified as ‘Zeroyithi’ and that the petitioners occupied an extent of Ac.0.20 cents of land in Tank poramboke in R.S.No.213 of Seesali Vilalge, which is vested in Gram Panchayat of Seesali Village and that the said land is quite adjacent to the land owned by them in R.S.No.214/1A. In view of the above, even if the petitioners encroached an extent of Ac.0.20 cents of land in Tank poramboke as contended by the learned Government Pleader, the respondents are under obligation to issue proper notice and follow the due process of law to remove the petitioners from the encroached tank poramboke land. Hence, the Writ Petition is disposed of directing the respondents to issue proper notice and follow the due procedure prescribed by law to remove the petitioners from the encroached land. Till such time, status quo obtaining as on today shall be maintained. No costs. _____________ N.V.RAMANA, J. Dated:20.06.2008 GJ