HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1020 of 2005 Date : 29.07.2010 Between : Smt. Kommagiri Sudharani & another. …..Petitioners And The Grampanchayat, Bethupalli village, Khammam District, rep. by its Panchayat Secretary. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1020 of 2005 ORDER : In this writ petition, the petitioners seek for directions by way of Mandamus, declaring the action of respondent- Grampanchayat in issuing notice, dated 31.12.2004, and taking further steps to dispossess them from the land admeasuring Ac.0.03 cents and Ac.0.02 ½ cents and the house constructed therein, covered by Sy.No.131/1, situated at Betupally village of Sathupalli Mandal in Khammam District, as illegal and arbitrary. The petitioner No.1 was assigned an extent of Ac.0.03 cents of land in Sy.No.131/1 at Betupally village, and was issued patta certificate by the Tahsildar, Sathupalli, vide his proceedings bearing R.Dis.No.B/3524/2002, dated 22.10.2002. The 2nd petitioner is in possession of an extent of Ac.0.02 ½ cents of land adjoining the 1st petitioner’s land, wherein, they have constructed a house bearing No.1-66. It is stated that earlier, when the Tahsildar, Sathupalli, was interfering with their possession of the said property, they filed W.P.No.22994 of 2004, which was disposed of by this Court, with a direction to the Mandal Revenue Officer, Sathupalli, not to dispossess them otherwise than due process of law. It is stated that pursuant to the said direction, a notice, dated 28.12.2004, was issued by the Tahsildar, Sathupalli, calling upon the petitioners to submit patta certificates in respect of the aforesaid lands. Thereafter, on 31.12.2004, another notice was issued by the respondent-Grampanchayat, alleging that they were constructing compound wall on the land belonging to the Grampanchayat and were asked to stop such constructions. The petitioners have not filed any proceedings to show that they have obtained permission from the respondent-Grampanchyat for making constructions in the land in question. When the petitioners have dug the land across the road for the purpose of constructing a compound wall, by the notice, dated 31.12.2004, they were asked to stop such works. Though it is contended by the petitioners that petitioner No.1 is in possession of land to an extent of Ac.0.03 cents by virtue of assignment and petitioner No.2 is in possession of Ac.0.02 ½ cents by virtue of succession, no counter-affidavit is filed by the respondent- Grampanchayat to show that the land in question belongs to the Grampanchayath. It is also to be noticed that no material is produced by the petitioners to show whether any proceedings are initiated by the Grampanchayat for their eviction from the land in question and they have also not placed on record any permission granted by the respondent-Grampanchayat for making constructions in the said land. In that view of the matter, I do not find any illegality in issuing the notice, dated 31.12.2004, calling upon the petitioners to stop the works being carried on by them in the land in question. For the aforesaid reasons, while upholding the impugned notice, dated 31.12.2004, I dispose of the writ petition, directing the respondent-Grampanchayat not to dispossess the petitioners from the aforesaid land, as otherwise than due process of law. No order as to costs. ______________________ R. SUBHASH REDDY, J 29th July 2010 kvni/ajr