IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3719 of 2005 Between: 1. Karri Venkata Reddy, S/o. Lakshminarayana Reddy, Gangampalem Village, Hamlet of tirumalaipalem, Gokavaram Mandal, E.G.Distrit. 2. Mallidi Bullemmai, W/o. Eswara Reddy, Gangampalem Village, Hamlet of Tirumalaipalem, Gokavaram Mandal, E.G.District. ... PETITIONERS AND 1 The District Collector, E.G.District, Kakinada. 2 The Mandal Revenue Officer, Gokavaram Mandal, Gokavaram, E.G.District. ...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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in resorting to evict the petitioners from the lands in Survey No. 144f/1 to an extent of Ac. 3.92 1/2 cents, survey No. 144/2 to an extent of Ac. 1.41 cents and s.No.110/1 to an extent of Ac. 1.93 cents of Ganampalem village, Hamlet of Tirumalaipalem, Gokavaram Mandal, E.G.District as highly illegal, arbitrary, unjst, violative of Article 300-A and Article 31- A(1) and Article 21 of the Constitution of India and in violation of the principles of natural jsutice and cosequently direct the respondents not to disposses the petitioner from the above lands and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.BADANA.BHASKARA RAO Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following: ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents in resorting to evict the petitioners from the lands to an extent of Ac.3.92½ cents in Sy.No.144/1, Ac.1.41 cents in Sy.No.144/2 and Ac.1.93 in Sy.No.110/1 of Gangampalem Village, Hamlet of Tirumalaipalem, Gokavaram Mandal, East Godavari District is arbitrary and illegal. The petitioners claim to be the owners and possessors of the said lands and it is alleged that the respondents have been interfering with their possession without following due process of law. Having regard to the assertions made by the petitioners and having heard the learned counsel for the petitioners as well as learned Government Pleader for Revenue appearing for the respondents, without expressing any opinion as to the ownership claimed by the petitioners, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the lands in question without following due process of law. The writ petition is accordingly disposed of. No order as to costs. ____________ G. ROHINI, J Dated: 28-02-2005 LSK ASSISTANT REGISTRAR To 1 The District Collector, E.G.District, Kakinada. 2 The Mandal Revenue Officer, Gokavaram Mandal, Gokavaram, E.G.District. 3 Two C.Cs. to the G.P. for Revenue, High Court Buildings, Hyderabad. (O.U.T.) 4 Two C.D. copies.