THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29240 of 2010 Date: 24.11.2010 Between: Dost Mohammed Khan ..... Petitioner AND The State of Andhra Pradesh, rep.by its Collector, having his office at Nampally Station Road, Hyderabad and others .....Respondents Counsel for the Petitioner: Sri Mirza Nisar Ahmed Baig Counsel for Respondents: AGP for Revenue The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside proceedings No.C/545/2010, dated 08.11.2010, of respondent No.3. At the hearing, Sri Mirza Nisar Ahmed Baig, learned counsel for the petitioner, while submitting that his client has succeeded all through in the land grabbing proceedings, wherein the Special Court has categorically held that the petitioner is not an encroacher, he has, however, stated that respondent No.3 has initiated proceedings under the provisions of the A.P.Land Encroachment Act, 1905 against one Md.Fyaaz and passed the impugned order as if he is in possession. In my opinion, so long as no order of eviction has been passed against the petitioner, he has no locus to challenge the order of eviction impugned in this writ petition. If the petitioner apprehends that in the guise of impugned order, he may be dispossessed, he is entitled to avail the common law remedy of a suit to assert his right and protect his possession. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.37237 of 2010 filed by the petitioner for interim relief is disposed of infructuous. C.V.NAGARJUNA REDDY, J Dt.24.11.2010 VGB