IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 7846 of 2009 Between: K.Kanneppa Reddy S/o.Gopal Reddy R/0.1-121, Vedangatapuram village Avilala Post, Tirupathi Rural mandal, Chittoor District ..... PETITIONER AND 1 The District Collector, Chittoor District 2 The Tahsildar,Tirupathi Rural Mandal, Chittoor District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the actio of the respondents in evicting the petitioner from the agricultural lands in SY.No.220/4 adm.Ac.0.76 cents Sy.No.223 part Adm.Ac.1.34 cents and Sy.No.224 adm.Ac.0.97 cents totalling to Ac.3.07 cents sitauted at Vedantapuram village, Tirupathi Rural Mandal, Chittoor District as illegal, arbitrary,contrary to law as they hanve not followed due process of law which is in violation of Articles, 14,21 300A of Constiution of india and also Revenue laws and also in principles of natural justice and consequently direct the respondents to issue patta certificates to the above extent of the said agricultural lands and pass Counsel for the Petitioner:MR.G.ARUN KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 7846 of 2009 09-06-2009 Oral Order: The writ petition is not maintainable. In paragraph Nos. 3 and 4 of the affidavit filed in support of the writ petition, there is a vague allegation; in paragraph No.3 it is stated that the lower ranking officers of the Mandal visited the said agricultural lands in the month of March, 2009 and threatened the petitioner to vacate the said lands as according to them, the lands belong to Government without following due process of law and again in paragraph No.4 it is stated that …some of the Mandal officials along with a group of outsiders came to the agricultural land stating they are going to issue house site pattas to the third parties without any notice. It is also alleged that the 2nd respondent and his staff are harassing the petitioner with a view to ‘knock’ away the petitioner’s land. The petitioner claims to be the owner of property in certain survey numbers in Vedantapuram village, Avilala Post, Tirupathi Rural Mandal, Chittoor District. The respondents in the writ petition are the District Collector, Chittoor District and the Tahasildar, Tirupathi Rural Mandal, Chittoor District, who per se are not the State or Instrumentalities of the State. If these respondents are out to unlawfully dispossess the petitioner of his possession and enjoyment of immoveable property, the petitioner has remedy before the civil Court of competent jurisdiction even without issuing notice under Section 80 of the Code of Civil Procedure. In view of the availability of such alternative remedy and as the petitioner has failed to implead the State or Instrumentalities of the State, this Court is not inclined to adjudicate upon the writ petition. The writ petition is accordingly dismissed with liberty to pursue appropriate alternative remedies. No costs. ____________________ GODA RAGHURAM, J Dated: 09-06-2009 Pvks