THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.31879 of 2011 ORDER: 1. This writ petition is filed seeking a writ of mandamus declaring the action of the respondent in trying to dispossess the petitioner from the house bearing D.No.28-12-12/1, Suryabagh, Visakhapatnam, without following due process of law, as illegal and arbitrary and consequently direct the respondent not to evict the petitioner from the said house. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows: The petitioner is in possession of an extent of 40 square yards of land situated at Suryabagh, Visakhapatnam, by raising asbestos shed therein since more than 32 years. Later, he raised pucca RCC slab by constructing a room therein. He is paying taxes to the respondent and electricity connection was also given to the said house. On 11.11.2011, he made an application to the respondent to regularise the said land in his name. Even though the said application was received by the respondent on 16.11.2011, till now no action has been taken. The grievance of the petitioner is that on 19.11.2011, the respondent officials, without following due process of law, visited his house and asked him to vacate the house stating that the said land belongs to the Government. Even though he had shown all the tax receipts and electricity bills to the officials of the respondent stating that he is residing in the said premises since more than 32 years, they asked him to vacate the house immediately, otherwise they will demolish his house. Hence, this writ petition. 3. Learned counsel for the petitioner contended that the petitioner is in possession of the said extent of land since long time by constructing a house therein; that after assessing the said house to property tax, the respondent has allotted door number to it and that he is paying taxes regularly to the respondent and electricity connection was also given to the said house. Therefore, he prays to direct the respondent not to evict the petitioner forcibly from the house, without following due process of law. 4. On the other hand, Sri N.Ranga Reddy, learned Standing Counsel appearing for the respondent contended that the petitioner has no right to remain in the property in question and that the respondent will follow due process of law in evicting the petitioner, if he does not have any title to the said property. 5. The petitioner claims the property in question stating that he is in possession of the same since long time and the respondent assessed the said house to property tax and allotted door number to it. He is paying municipal tax and electricity connection was also given to the said house. Therefore, the petitioner cannot be evicted from the said house, except in accordance with law. Further, under Section 405 of the Hyderabad Municipal Corporation Act, 1955, the Commissioner has power to remove the encroachments, if any, made illegally on the public roads. Whether the petitioner has got title or not, he can as well produce the documents before the Commissioner. But, the Commissioner cannot evict the petitioner from the house without following due process of law. 6. Hence, the writ petition is disposed of directing the respondent not to evict the petitioner from the house in question, without following due process of law. There shall be no order as to costs. K.C. BHANU, J Date: 02.12.2011 va