IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE SRI JUSTICE V.V.S.RAO THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND NINE Writ Petition No.22441 of 2002 Between: Smt.Shaik Beebai, W/o.Subedar, Aged 72 years, Ex-Servicemen’s wife R/o.Tengella Khasim Street, D.No.40-1-7, Ongole, Prakasam District …Petitioner AND The District Collector, Prakasam District, Ongole. And others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO Writ Petition No.22441 of 2002 ORDER: The petitioner is allegedly owner of land admeasuring Acs.4.35 in Survey No.105/1/C situated at Pernametta Village of Santhanuthalapadu Mandal in Prakasam District. The land was assigned to her under Ex-Servicemen quota (as she is wife of Ex- Serviceman), vide D.K.Patta dated 06.11.1982. She alleges that respondents are constructing a stadium in an extent of Acs.14.35 including the land of petitioner, without following due process of law. Therefore, she filed instant writ petition seeking a Writ of Mandamus directing respondents not to interfere with peaceful possession or lay foundation stone for construction of stadium. The first respondent through District Revenue Officer, Ongole, filed counter affidavit, inter alia, stating that there is no proposal for construction of stadium in Survey No.105/1/C of Pernametta village. It is also alleged that D.K.Patta granted to petitioner is a bogus patta and that petitioner is not in possession of the land. The allegation that petitioner was granted D.K.Patta is also denied. Though counter affidavit is filed on 08.09.2004, no reply affidavit is filed denying counter averments. Therefore, this Court is not inclined to accept the allegations made by petitioner that she was assigned land under Ex-Servicemen quota. The possession of petitioner is also denied and indeed petitioner has not placed any material before this Court showing her possession of land. Therefore, no relief can be granted to petitioner. However, if the petitioner is in possession of property, she shall be evicted only after following due process of law. The writ petition, with the above observations, is accordingly disposed of. There shall be no order as to costs. ______________ (V.V.S.RAO, J) October 08, 2009 Bvv