HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.10313 of 2008 ORDER: The petitioner claiming to be the absolute owner and possessor of land admeasuring an extent of Ac.1.10 cents in Sy.No.1384 and Ac.3.00 cents in Sy.No.1376 of Chandragiri Revenue Village, Chandragiri Mandal, Chittoor District has filed this Writ Petition to declare the action of the 2nd Respondent i.e., Tahsildar, Chandragiri Mandal in interfering with possession of the land without following due process of law as illegal. The petitioner claims that she purchased the aforesaid land under an unregistered sale deed executed by Sakkuri Anjaneyulu Reddy and she has been in possession of the said land as an absolute owner thereof. She also claims that in recognition to her right and title, the 2nd Respondent has issued pattedar passbook and title deeds under the provisions of the A.P. Rights in Land and Pattedar Passbook Act, 1971. She complains that her possession was sought to be interfered with and the 2nd Respondent visited the land on 29-04-2008 along with the Revenue Inspector, Panchayat Secretary and other staff and orally directed her eviction from the land. Apprehending that she would be dispossessed, the petitioner has filed this Writ Petition for the aforesaid relief. Heard both the learned counsel. The learned counsel for the petitioner submits that the petitioner was not given any notice nor 2nd Respondent has followed any due process, despite the same, the 2nd Respondent is proceeding to dispossess her from the land. The counsel places reliance on the pattedar passbooks said to have been issued by the 2nd Respondent to support her claim in respect of the said land. The respondents have filed counter-affidavit stating that the land occupied by the petitioner is a vagu poramboke, which is highly objectionable and the petitioner is squatting by encroaching the said land. It is also stated that there is a check dam constructed across Mondivanka existing in Sy.No.1376 and the husband of the petitioner damaged the said dam in order to encroach the adjacent land. In that connection, the field staff i.e., Village Revenue Officer and Revenue Inspector visited the land. It is also stated that the pattedar passbooks said to have been obtained are forged and fabricated documents and in that regard a complaint has already been lodged in Chandragiri Police Station in F.I.R.No.136 of 2008, dated 20-09-2008. It is therefore stated that further investigation in the matter is in progress. The respondents assert that the land in respect of which the petitioner has set up claim is objectionable and the petitioner cannot set up any claim in respect of the said land. From the aforesaid pleadings and the respective contentions, it is evident that there is a dispute with reference to the nature of the land. While the petitioner contends that the land is unobjectionable and that she has acquired ownership by purchasing the same, the respondents assert that the land is Government land and the petitioner has no right to squat on the said land basing on the fabricated documents. I am not inclined to express any opinion on the merits of the case. The 2nd Respondent is always at liberty and within his jurisdiction to conduct enquiry and take appropriate steps in accordance with law after due notice to the petitioner. Nonetheless, the petitioner, even if assumed to be an encroacher, cannot be dispossessed without following due process of law. The 2nd Respondent may accordingly conduct enquiry and pass appropriate orders as early as possible, preferably within a period of six weeks from the date of receipt of the copy of the order. Pending such enquiry, status quo as on today shall be maintained by both parties. The Writ Petition is accordingly disposed of. There shall be no order as to costs. _________________ NOUSHAD ALI, J. 06th December, 2010 Skmr HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.10313 of 2008 Date : 06-12-2010 Padiri Subba Lakshmi .. Petitioner And The Govt. of Andhra Pradesh, rep. by the District Collector, Chittoor, Chittoor District and another .. Respondents