IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO : 5789 of 2002 Between: P. Subramanyam Naidu, S/o. Late P. Munaswamy Naidu, R/o. Mallimadugu V & P, Renigunta Mandal, Chittoor District. ..... PETITIONER AND 1 The District Collector,Chittoor, Chittoor District. 2 The Mandal Revenue Officer, Renigunta Mandal, Chittoor District. 3 The Mandal Survayor, Renigunta Mandal, Chittoor District. 4 The Divisional Engineer, Irrigation Department, T Tirupathi, Chittoor District. 5 The Asst. Engineer, Irrigation Department, T Renigunta (M), Tirupathi, Chittoor District. 6 Gollepalle Changalrayulu, S/o. not known, Mallimadugu, Renigunta (M), Chittoor 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 will be pleased to to issue a Writ, order or direction more particularly one in teh nature of Writ of Mandamus, Declaring teh action of the Respondents in interfering with the peaceful possession of the petitioner;s land in Sy. No.s. 89/2, 92/1 and 92/2 of an extent of Ac. 2.84 Cents, Ac. 3.33 Cents and Ac. 0.81 Cents at S. U. Puram, Renigunta Mandal, Chittoor Dist is arbitrary, illegal, unconstitutional, violative of Arts. 14, 21 and 300 (A) of the constitution of India and contrary to the provisions of A.P. Land Encroachment Act, A.P. Survey and Boundaries Act and Board Standing Orders and violaticve of Principles of natural justice and consequently direct the respondent snot to interfere with the peaceful possession of the petitioner;s land in Sy. Nos. 89/2, 92/1 and 92/2 of an extent of Ac. 2.04 cts, Ac. 3.33 Cents and Ac. 0.81 Cents at S.U. Puram, Renigunta Mandal, Chittoor Dist. With out following due procedure contemplated under law and to pass Counsel for the Petitioner:MR.P.JAGADISH CHANDRA PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO Writ Petition No.5789 of 2002 ORDER Petitioner, resident of Mallimadugu village, Renigunta Mandal in Chittoor District, is allegedly owner and possessor of land admeasuring Acs.2.84 cents in Survey No.89/2, Acs.3.33 cents in Survey No. 92/1 and Acs.0.81 cents in Survey No. 92/2 situated at S.U.Puram village, Renigunta Mandal in Chittoor District. He allegedly obtained Pattadar Passbooks and Title Deeds and cultivating sugarcane crop. He alleges that respondents 2 to 5, acting at instigation of sixth respondent, came to the land and tried to dispossess him from land. Apprehending coercive dispossession, petitioner filed instant writ petition seeking a Writ of Mandamus directing respondents not to dispossess him from the land without due process of law. A counter affidavit is filed by Tahsildar, Renigunta Manal denying allegation that respondents 2 to 5 are trying to interfere possession of petitioner. It is further stated that petitioner has encroached an extent of Acs.0.12 cents of land which is adjacent to his land in Survey No.91 of Mallimadugu village, which is classified as canal poramboke and as the complaint was received, Mandal Surveyor was asked to survey and measure entire extent of land. On such survey, it was found that petitioner has encroached an extent of Acs.0.12 cents of land adjacent to his land by raising sugarcane crop. Other allegations are denied. Petitioner has not filed reply affidavit denying counter averments. It is only shown that when Tahsildar, Renigunta Mandal undertook survey of land encroached upon by petitioner, he filed a reply, presumably, to prevent revenue authorities to initiate action against him. Therefore, the Writ Petition is misconceived. It is needless to mention that respondents 1 to 3 may take necessary action against petitioner for evicting him from encroachment, after issuing notice to him. The writ petition, with the above observations, is accordingly disposed of. There shall be no order as to costs. _______________ (V.V.S.RAO,J) August 05, 2009 Bvv