THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.30951 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from their house site to an extent of Ac.0.07 cents situated in Sy.No.863/A of Kanigiri Village within Kanigiri Municipality, Prakasam District belonging to the petitioners without putting them on notice or opportunity as illegal and arbitrary, and consequently, to direct the respondents not to interfere with their peaceful possession and enjoyment of the above mentioned property without following due process of law. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners jointly purchased the aforementioned land under a registered sale deed and have been in peaceful possession and enjoyment of the same. While so, on 15.11.2011, some persons from the office of respondent Nos.1 and 3, under the instructions of respondent No.2, started taking measurements of the open land and on enquiry, they came to know that the entire land in Sy.No.863/A is earmarked for the purpose of construction of Municipal Building. Though the petitioners represented that the said land is a private patta land, the said persons alleged that they would dispossess the petitioners by 21.11.2011. Hence, the present writ petition. 3. Learned counsel for the petitioners contended that the petitioners are the owners of the house site to an extent of Ac.0.07 cents situated in Sy.No.863/A of Kanigiri Village within Kanigiri Municipality, Prakasam District under registered sale deed and respondents are trying to dispossess them from the said site for the purpose of constructing a Municipal Building and hence, she prays to issue a direction to the respondents not to interfere with the peaceful possession and enjoyment of the petitioners’ site. 4. On the other hand, learned Standing Counsel and the learned Government Pleader appearing for the respondents contended that if the site in question is required for the purpose of making construction of a Municipal building, they would follow the due process of law for acquiring the same. 5. The case of the petitioners is that the house site to an extent of Ac.0.07 cents situated in Sy.No.863/A of Kanigiri Village within Kanigiri Municipality, Prakasam District was purchased by the petitioners under registered sale deed in the year 1997. Now, the respondents are trying to construct a Municipal Building in the subject site. The respondents cannot be permitted to encroach upon the land of the petitioners if the petitioners are the owners of the said land. Therefore, the respondents are directed to follow the due process of law for construction of the Municipal Building in the said land in case the petitioners are the owners of the said land. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 23rd November, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.30951 OF 2011 Date:23.11.2011 AMD