THE HONOURABLE SRI JUSTICE P.S.NARAYANA FRIDAY, THE TWENTY FIRST AUGUST, TWO THOUSAND AND NINE W.P.No. 17139 Of 2009 Between: Rayula Veerayya. …Petitioner A N D The Land Acquisition Officer, Jangareddigudem, West Godawari District and another …Respondents. THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.No. 17139 Of 2009 ORDER The matter is coming up for admission. Learned Additional Government Pleader for Land Acquisition had taken notice on 19- 8-2009 and requested time to get instructions. 2. Learned Additional Government Pleader for Land Acquisition would submit that the land in question is an encroachment. He further submits that the extent encroached by the petitioner is Ac.0-90 cents. However, it is shown as though the petitioner is entitled Ac.1-20 cents. 3. On the other hand, learned counsel for petitioner Sri N. Nageswara Rao would submit that it is not a correct stand. The petitioner is the owner of Ac.1-20 cents of R.S.No.124/5 situated at Vegavaram village and without following due process of law, the respondents highhandedly attempting to dispossess the petitioner. 4. Learned Additional Government Pleader for Land Acquisition also placed the instructions received by him by way of Fax message before this Court. 5. This writ petition is filed for a writ of mandamus declaring the action of the respondents 1 and 2 in not following due process of law as contemplated under Land Acquisition Act and highhandedly making attempts to take over the land of the petitioner to an extent of Ac.1-20 cents in R.S.No.124/5 situated at Vegavaram village and ready to grant house pattas to the third parties, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to dispossess the petitioner from his land and pass such other suitable orders. 6. The respective stand taken by the parties already had been specified supra. 7. This Court is not inclined to express any opinion relating to the nature of the land. However, it is needless to say that when the petitioner is in possession of the property the respondents are expected to follow due process of law. Till the due process of law is followed, in this regard, possession of the petitioner should not be disturbed. 8. Accordingly, the writ petition is disposed of. No order as to costs. _____________________ Justice P.S.Narayana 21st August, 2009. Note: Operative portion by wire B/o KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.No. 17139 Of 2009 21st August, 2009.