IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 15464 of 2009 Between: P.Sarojamma, W/o. late Pallem Venkataiah, R/o. Mariapuram, Akkayapalli Ilakha, Kadapa Town, Kadapa District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep by its Revenue Secretary, Secretariat Buildings, Hyderabad. 2 The District Collector, Kadapa District, Kadapa. 3 The Manal Revenue Officer, Vallur Mandal, Kadapa District, Kadapa. .....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 issue a Writ, Order or direction more particularly one in the nature of Mandamus, declaring the action of the 3rd respondent in interfereing with the peaceful possession of the land assigned to petitioner admeasuring 5 acers in survey No.10/1 and 10/2 of Tolla Ganganapally Village, Vallur Mandal without following the due process of law as illegal and consequently direct the respondents not to take over petitioner property except in accordance with the procedure established by law Counsel for the Petitioner:MR.A.SRINATH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P. No.15464 OF 2009 ORAL ORDER The petitioner’s husband, an Ex-service man, was assigned Ac.5.00 of land on 17-12-1984 by the State Government in Sy.No.10/1 and 2 of Tolla Ganganapallyh Village, Kadapa District. The petitioner claims that the land was brought into cultivation and the entire family is dependent upon it having invested huge amounts and labour for its development and cultivation. The petitioner’s husband died in 1998 and the petitioner and the other dependent members of the family are depending on the land. According to the petitioner, with a view to utilizing vast extents of land in and around the land assigned to the petitioner’s husband and thereafter continuing in the petitioner’s occupation and enjoyment, the 3rd respondent is interfering and threatening dispossession. The petitioner asserts that no proceedings for cancellation of the assignment or resumption of the land under the provisions of A.P. Assigned Land (Prohibition of Transfers) Act,1977 have been initiated or any notices or proceedings issued to the petitioner for resumption of the land or cancellation of the assignment. However, the 3rd respondent is stated to be interfering. In the context of the assertions made and in the absence of specific allegations as to the specific date and time at which the 3rd respondent is alleged to have taken overt action for dispossessing the petitioner, no case is made out for interference further in this writ petition. In any event the petitioner has several efficacious and alternative remedies. She could lodge a complaint to the police against the alleged criminal trespass by the 3rd respondent; the petitioner may present a private complaint before the jurisdictional Magistrate as an alternative to a complaint to the police; the petitioner may exercise the right of private defence including against the 3rd respondent; or the petitioner may approach the civil court of competent jurisdiction for injunctive or other remedies. In case the petitioner perceives any imminent threat of dispossession, the petitioner may also seek dispensing with the notice under Section 80(2) CPC and in case the petitioner is dispossessed she may seek restoration of possession under the provisions of the Specific Relief Act,1963. In the light of the several alternative efficacious remedies available, this court is not inclined to exercise jurisdiction under Article 226 of the Constitution of India. The writ petition is accordingly dismissed at the stage of admission granting liberty to the petitioner to pursue appropriate alternative remedies. No costs. __________________ GODA RAGHURAM, J 31st JULY, 2009. Note: Issue CC As soon as possible (B/O) *TSNR