IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7494 of 2005 Between: Chennareddy Ramanareddy ..... PETITIONER AND The District Collector, Nellore and 2 others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7494 of 2005 O R D E R: Petitioner filed this Writ of Mandamus declaring the action of the respondents in demolishing the compound wall causing damage to the rooms constructed by the petitioner and seeking eviction of the petitioner from the house site of an extent of Ac.0.02½ cents in Sy.No.2025 situated at State Bank Colony, Bit-1, Nellore which is said to have been assigned by the then Tahsildar, vide proceedings in Rc.No.692/81 dated 05.10.1981 without following due process of law, as illegal and arbitrary. It is the case of the petitioner that he was granted patta of an extent of Ac.0.02½ cents by the then Tahsildar vide proceedings in Rc.No.692/81, as such he is in continuous possession and occupation of the said land from 1981 onwards. It is stated that when there was an attempt to encroach upon the said land by third parties, the petitioner filed suit in O.S.346/1997 on the file of the Principal Junior Civil Judge, Nellore for grant of permanent injunction. The State Bank of India Staff Housing also filed suit in O.S.475/1997 on the file of the same Court against the petitioner herein for permanent injunction. The Court below tried both the suits together and by a common judgment dated 02.05.2003 allowed the suit of the petitioner and dismissed the suit filed by the State Bank of India Staff Housing Society. It is stated that after the said judgment, the petitioner constructed two rooms with tin sheds roof in the house site. Though the said house site was the assigned property, the respondents are threatening to demolish the compound wall causing damage to the rooms constructed by the petitioner therein. Respondents Nos.1 and 3 the District Collector and the Manal Revenue Officer, Nellore filed counter stating that the so called house site patta proceedings said to have been issued in Rc.No.692/81 dated 05.10.1981 is not genuine one and the said proceedings relates to the printing and registration of Book Act 1867 and therefore, the claim of the petitioner that he was assigned land in question is absolutely without any basis, and the copy of the patta is a fake one, and basing on the said house site patta, the petitioner encroached upon the valuable Government site which is commercial land. The petitioner never constructed any dwelling house in the said site and he constructed two rooms and using one room as a party office and another room for shopping complex. Admittedly neither the revenue authorities nor the Municipal authorities are parties to the said suit and therefore, the injunction order said to have been granted against the private parties is not binding on the respondent authorities. It is further stated that the District Collector issued instructions as per law for removal of the encroachment. The claim of the petitioner based on fake patta does not confer any right, title over the said site and the petitioner never constructed any dwelling house on the said site and never resided therein. The petitioner himself is trying to own a valuable commercial site belonging to the municipal corporation with the aid of a fake patta which has no legal validity and sanctity. The petitioner has not filed any reply with regard to the averments made in the counter of the respondents stating that the patta certificate relied upon by the petitioner said to have been issued vide Ref.No.692/1981 dated 05.10.1981 by the then Tahsildar, Nellore is fake one and the petitioner never issued any patta certificate for the house site and therefore, the petitioner cannot claim any right, title or interest over the said property. The respondents stated that the petitioner is an encroacher. If that be so, even an encroacher is required to be evicted by following due procedure prescribed under Land Encroachment Act. Accordingly, the Writ Petition is disposed of, directing the respondents not to evict the petitioner from the land in question, without following due process of law. No order as to costs. ________________ V.ESWARAIAH,J Dated: 31.03.2011 Dsr