IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19885 of 2007 Between: Smt. Boda Nagalakshmi W/o Lalu, R/o H. No. 2-1-161/1, Ashok nagar, Samithi Singaram Grampanchayat, Bandarugudem(V) Manuguru (M), Khammam District. ..... PETITIONER AND 1 The Special Deputy Collector (TW) Bhadrachalam, Khammam District 2 The Tahsildar, Manuguru (M) at manuguru, Khammam District. 3 Mr. Malothu Bujji S/o Swami R/o Seshagirinagar, Bandarugudem(V) Manuguru (M) Khammam district. 4 Mr. Payam Akkamma W/o Venkanna R/o Mallaram (V) Manuguru (M) Khammam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue Writ or direction preferably Writ of Mandamus declaring the action of the respondent Nos. 1 and 2 and their subordinates in taking steps to dispossess the petitioner from the house bearing No. 2-1- 161/1 situated in Plot No. 9 Sy. No. 138/1 of Bandarugudem(V) Samithisingaram Grampanchayat, Manuguru(M) of Khammam District, in pursuance of the orders passed in LTR cases No. 5/2007/MGR and case No. 9/2007/MGR dt 24-8-2007 as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents not to dispossess the petitioner from the said house, and pass such other or further orders as this Hon'ble Court deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondents.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by Smt.Boda Nagalakshmi assailing the action of the respondents 1 and 2 in trying to evict her from the house bearing No.2-1-161/1 situated in Plot No.9 comprising Survey No.138/1 of Bandarugudem village, Samithisingaram Grampanchayat, Manuguru Mandal, Khammam District, without putting her on notice. 2. The petitioner claims to be the owner of the house bearing No.2-1-161/1 situated in Plot No.9 comprising Survey No.138/1 of Bandarugudem village, Samithisingaram Grampanchayat, Manuguru Mandal, Khammam District. She belongs to Scheduled Tribe community and the property in her occupation is located in Agency Area. She apprehends that the respondents 1 and 2 would evict her without following the due process of law under the guise of the orders secured by the respondents 3 and 4 against one Gudivada Radha Kumari in Case No.5/2007/MGR on the file of the Special Deputy Collector (T.W.), Bhadrachalam. 3. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents 1 and 2. 4. Learned counsel appearing for the petitioner submits that the petitioner is not claiming the property through Gudivada Radha Kumari, who suﬀered order of eviction in Case No.5/2007/MGR on the ﬁle of the Special Deputy Collector (T.W.), Bhadrachalam. He further submits that the petitioner claims the property in her own right and she has been in possession and enjoyment of the same for the last 20 years and she belongs to Scheduled Tribe community. 5. I have gone through the order passed by the Special Deputy Collector (T.W.), Bhadrachalam. Proceedings have been initiated against Gudivada Radha Kumari by the respondents 3 and 4 herein. It is the contention of the petitioner that she is not claiming any rights over the property through Gudivada Radha Kumari. 6. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents 1 and 2 to follow the due process of law in the event of the petitioner is required to be evicted from the house bearing No.2-1-161/1 situated in Plot No.9 comprising Survey No.138/1 of Bandarugudem village, Samithisingaram Grampanchayat, Manuguru Mandal, Khammam District. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:31st July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}