IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 19207 of 2008 Between: Eagala Varahalu, S/o. Appalanaidu @ Abbay, R/o. Maredupudi Village, Anakapalle Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The District Collector, Visakhapatnam 2 The Tahsildar, Anakapalle Mandal, Anakapalle Post, Visakhapatnam district. 3 The Sapranch, Maredupudi Gram Panchayat,Anakapalle Mandal, Visakhapatnam district. 4 The secretary, Maredupudi Gram Panchayat,Anakapalle Mandal, Visakhapatnam district. ..RESPONDENTS Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for Respondents 1 & 2: AGP FOR REVENUE The Court made the following : O R D E R: This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in seeking to dispossess the petitioner from Ac.0.01½ cents out of Ac.0.03 cents granted to him as house site in Survey No.357 of Maredupudi Village layout No.1454, as illegal and arbitrary. Sri E.V.Bhagiratha Rao, learned counsel for the petitioner, submitted that the petitioner was granted a house site patta as far back as the year 1990 for an extent of Ac.0.03 cents in Survey No.357 (Plot No.1454) and that a house was sanctioned to him under ‘Indiramma Scheme’. He further submitted that when respondents 3 and 4 sought to interfere with the petitioner’s possession to the extent of Ac.0.01½ cents on the ground that the said extent will be allotted to third parties, the petitioner caused a legal notice issued to the respondents, wherein the fact that he was assigned the extent of Ac.0.03 cents was brought to their notice and that they were called upon not to interfere with his possession of the said extent of the land. A perusal of the copy of the patta ﬁled by the petitioner, prima facie, shows that the petitioner was granted assignment of Ac.0.03 cents of land in Survey No.357. If the respondents feel that valid reasons exist for cancelling the said patta in respect of a part of the extent, they are entitled to do so only after following due procedure prescribed under law. Without taking recourse to such a procedure, it is not permissible for the respondents to unlawfully interfere with the possession of the said extent of Ac.0.03 cents of land in respect of which the petitioner was evidently granted patta. The writ petition is, therefore, disposed of restraining the respondents from interfering with the petitioner’s possession and enjoyment of the property admeasuring Ac.0.03 cents of land in Survey No.357 of Maredupudi Village, Anakapalle Mandal, Visakhapatnam District, without following due process of law. As a sequel to disposal of main petition, WPMP No.25051 of 2008 ﬁled by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 5th September, 2008 vrn