IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3357 of 2008 Between: Mukku Srinivasa Rao, S/o. Buchhi Rama Krishna Rao, R/o. Jeelugumilli (M), W.G. District. ..... PETITIONER AND 1 The Tahsildar, Jeelugumilli (M), W.G. Dist. 2 The Village Secretary, Jeelugumilli Gram Panchayat, West Godavari 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 a order or direction in the nature of writ of mandamus declaring the action of the respondents without following due process of law making attempts to evict the petitioner from the land of Ac.0.43 cents in R.S. No.96/1 situated at Jeelugumilli Village of West Godavari, is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to interfere with the possession and enjoyment of the land of the petitioner and to pass such other orders. Counsel for the Petitioner:MR.NARAM.NAGESWARA RAO Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent No.2: Mr.B.PRABHAKAR RAO The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3357 of 2008 ORDER: It is the case of the petitioner that his father purchased the lands admeasuring Ac.0-14 cents and Ac.0-29 cents respectively in R.S.No.96/1 situated at Jeelugumilli Village and Mandal, West Godavari District, through registered Sale Deeds vide Document Nos.411/62 and 412/62 respectively dated 16-05-1962. It is stated that his father died long back and after the death of his father, the petitioner succeeded to the said property and he is in continuous possession and enjoyment of the same. While so, when there was an attempt to dispossess the petitioner from the lands in question, the petitioner made a representation, dated 05-01-2008 before the 1st respondent, not to allot the said lands in favour of third parties for the purpose of allotting house sites, as he is the owner of the said lands. I am of the opinion that even assuming that the said land is a Government land or assigned land, unless the possessor is dispossessed by following due process of law, the said land cannot be utilized for any other purpose. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to consider and dispose of the representation of the petitioner, dated 05-01-2008, if not already disposed of. Until the said representation is disposed of, status-quo obtaining as on today with regard to possession shall be maintained. There shall be no order as to costs. ___________ 21-02-2008 Note: Issue C.C. in one week (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}