IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13175 of 2009 Between: 1 Smt.Veerunuri Suvarna W/o.V.Ramesh R/o.H.No.16-29/3/2 Balajinagar, Jawaharnagar G.P. Shameerpet Mandal, Ranga Reddy District 2 G.yellamma W/o.G.Pentaiah R/o.H.No.16-29/3/5 Balajinagar, Jawaharnagar G.P. Shameerpet Mandal, Ranga Reddy District 3 Veerunuri Upendra S/o.Bikshapathi R/o.H.No.16-29/3/1 Balajinagar, Jawaharnagar G.P. Shameerpet Mandal, Ranga Reddy District 4 Methuku Nagalaxmi W/o M.Ramesh R/o.H.No.16-29/3/4 Balajinagar, Jawaharnagar G.P. Shameerpet Mandal, Ranga Reddy District 5 Kondrali Jayamma w/o.K.Soma Narsaiah R/o.H.No.16-29/3/3 Balajinagar, Jawaharnagar G.P. Shameerpet Mandal, Ranga Reddy District ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, rep.by its Principal Secrtary, Revenue Department, Secretariat, Hyderabad 2 The District Collector, Ranga Reddy District At Lakdikapool, Hyderabad 3 The Tahsildar, Shameerpet Mandal, Ranga Reddy 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 an appropriate writ or order or direction one in the nature of writ of mandamus i. declaring the action of the respondents in threatening to demolish the petitioners houses being H.Nos.16-29/3/2,16- 29/3/5, 16-29/3/1, 16-29/3/4, 16-29/3/3, of Balajinagar, Jawaharnagar, Grampanchayat, Shameerpet Mandal, Ranga Reddy District without following the due process of law as arbitrary, illegal, unreasonable violative of principles of natural justice and vioaltive of Articles, 14,21 & 300A of Constitution of India ii. a direction may be issued to the respondents to cosnider the case of the petitioners to regularize their possession in respective houses being H.Nos. 16-29/3/2,16-29/3/5, 16- 29/3/1, 16-29/3/4, 16-29/3/3, of Balajinagar, Jawaharnagar, Grampanchayat, Shameerpet Mandal, Ranga Reddy District costs be awarded and pass Counsel for the Petitioner:MR.B.MAHENDER REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: The five petitioners allege illegal and unauthorized conduct by the 3rd respondent “along with staff” in the matter of visiting the houses of the petitioners bearing H.Nos.16-29/3/2,16-29/3/5, 16-29/3/1, 16-29/3/4, 16-29/3/3, of Balajinagar, Jawaharnagar Grampanchayat, Shameerpet Mandal, Ranga Reddy District, on 15.6.2009 and threatening demolition of the houses without following the due process of law. The petitioners encroached Government land and constructed houses about 15 years back. They have not applied for regularization of such illegal encroachments either. They allege that the 3rd respondent unauthorizedly and illegally is trying to dispossess them and demolish their houses without following the due process of law. They also seek regularization of their possession of the land which they have illegally encroached and constructed houses thereupon. As the petitioners have not applied to the State for regularization of their illegal occupation and for grant of pattas, no mandamus can be issued. Demand and refusal is the basis for mandamus. In so far as the complaint of illegal and unofficial conduct of the 3rd respondent is concerned, the petitioners have plurality of remedies. They may exercise the right of private defence or they may complain of criminal trespass or any other cognizable conduct by any person or persons holding public office before the jurisdictional police or before the Judicial Magistrate. They may also seek injunctive relief before a civil court of competent jurisdiction and if they perceive imminent threat of demolition of their properties, they may also seek emergent injunctive relief by praying for dispensing with the mandatory notice under Section 80 C.P.C. Even if they are dispossessed, they may seek restoration of possession under the provisions of Section 6 of the Specific Relief Act 1963. As the petitioners have a raft of effective remedies and closer to their habitat, this Court is not inclined to exercise jurisdiction under Article 226 of the Constitution. The writ petition is dismissed with liberty to the petitioners to pursue appropriate remedies. No order as to costs. ___________________ GODA RAGHURAM.J 10.07.2009. Note: L.R.Copy to be marked. B/o KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 13175 of 2009 Dated: 10.7.2009.