THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.29057 of 2008 Date : 07-12-2010 Between : Smt.B.N.Manga Devi .. Petitioner and The State of Andhra Pradesh, rep. by its District Collector, Hyderabad district, Hyderabad and another .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.29057 of 2008 ORDER: The petitioner claiming to be the owner of House Property bearing No.16-1-24/60/3 has filed this Writ Petition seeking Writ of Mandamus to direct the Respondents not to evict or interfere with her possession of the said house without following due process of law. It is the case of the petitioner that she purchased the aforesaid house by registered sale deed, dated 29-07-1980 from one, G.Balaiah, who in turn purchased the said property under registered sale deed, dated 17-12-1977 from one, Laxminarayana. The said house is situated on an extent of 130 square yards in Sy.No.32/2 of Saidabad Colony, Hyderabad. The petitioner complains that on 26-12-2008, the 2nd Respondent viz., Tahsildar, Saidabad Mandal visited the premises and sought to evict the petitioner on the ground that the land on which the house has been constructed is Government land. Apprehending that the 2nd Respondent would evict her without recourse to law, the petitioner has filed this Writ Petition for the aforesaid relief. The 2nd Respondent has filed counter stating that the land in Sy.No.32/2, which is correlated to T.S.No.5, Block-D, Ward No.171, is a graveyard and that the petitioner with the view to grab the said graveyard has created fictitious document and trying to construct a compound wall. The 2nd Respondent, therefore, states that the petitioner has no right to be in occupation of the said land. I am not inclined to express any views on the merits of the case. Suffice it to state that even assuming that the petitioner has encroached the graveyard/Government land, she cannot be thrown out highhandedly without taking recourse to law. This being the settled principle, it is directed that the 2nd Respondent shall not evict or interfere with the petitioner’s possession of the house bearing No.16-1-24/60/3, situated at Saidabad Colony, Hyderabad without following due process of law. It is open to the 2nd Respondent to initiate such steps as may be available to him under law and evict the petitioner only in accordance with law. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 07th December, 2010 skmr