IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 39 of 1996 Between: 1 Shaik China Jani S/o. Dariya Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 2 Maddam Venkateswarlu S/o. Subbaiah residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 3 Shaik Saida S/o. Khasim Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 4 Julakanti Khashubude S/o. Bude Sab residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 5 Shaik Mohd. Khasim S/o. Dariya Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 6 Keti Kotaiah S/o. Rama Chandraiah residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 7 Shaik Madar S/o. Chand Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 8 Mallala Yellarao S/o. Ramulu residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 9 Shaik Subhani S/o. Imam Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 10 Bodepudi Annapurnamma w/o. Hanumantha Rao residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 11 Pathan Fakruddin s/o. Dada Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 12 Pothuganti Koteswara Rao S/o. Nagaiah residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 13 Syed Allabaksh s/o. Bude Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 14 Koppakula Panduranga Rao S/o. Pedda Appaiah residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 15 Nalajala Annapurnamma W/o. China Veeraiah residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 16 Shaik Mohboob Subhani s/o. Khasim Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 17 KollimarlaSubba Rao S/o. Sambaiah residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. 18 Shaik Peeru Saheb S/o. John Saheb residing at Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur Dist. ..... PETITIONERS AND 1 The Commissioner Land Revenue Nampally Station Road, Hyderabad. 2 The Joint Collector, Guntur, Guntur District. 3 The Revenue Divisional Officer, Guntur, Guntur District. 4 The Mandal Revenue Officer, Krosuru Mandal, Krosuru, Guntur Dist. 5 Ch. Moses R 5 is impleaded as per court order dt. 1.4.96 in WPMP 877/96. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any writ or order or direction more particularly one in the nature of writ of mandamus by declaring the orders passed by the authorities in directing eviction and demolition of the houses of the petitioners from Ac.0.89 Cents of land in Sy.No.574/B-8 of Krosuru Village & Mandal, Guntur District as illegal, arbitrary without jurisdiction and inviolation of Article 21 of the constitution of India. Counsel for the Petitioner: MR.RAJA REDDY KONETI Counsel for the Respondent s 1 to 4: GP FOR REVENUE The Court made the following : HONOURABLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.39 OF 1996 ORDER: This writ petition is filed seeking a writ of mandamus to declare the action of the respondents in taking steps for eviction and demolition of the houses of the petitioners situated in 0.89 cents of land in survey No.574/B-8 of Krosuru village of Guntur District. It is stated in the counter filed on behalf of the respondents that the entire land in survey No.574/B is classified as burrial ground and the same is entered as such in P.O.B.register. Though it is admitted that the land in question admeasuring 0.89 cents is under the occupation of the petitioners, but inasmuch as the said land is entered in the P.O.B.register as burial ground, the same cannot be assigned. Further, land encroachment proceedings were also initiated against the petitioners, which was confirmed by the Joint Collector. Inasmuch as the very land is prohibited from assignment, the petitioners without any authority or order from the competent authority, have raised structures on their own. In that view of the matter, the relief as sought for in this writ petition cannot be granted. The writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. __________________________ (JUSTICE R.SUBHASH REDDY) Dt.18.02.2005. Mdaa. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner Land Revenue Nampally Station Road, Hyderabad. 2 The Joint Collector, Guntur, Guntur District. 3 The Revenue Divisional Officer, Guntur, Guntur District. 4 The Mandal Revenue Officer, Krosuru Mandal, Krosuru, Guntur Dist. 5. Two C.Cs to G.P.for Revenue, High Court of A.P., Hyderabad (OUT) 6) 2 CD copies Form-NIC-OGS/WP{MSKM}