IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14089 of 2008 Between: Vayyavuru Nagaraja S/o. Venkata Ramanaiah R/o. Weavers Colony, Venkatagiri, Nellore. ..... PETITIONER AND 1.The Assistant Director, Handloom & Textiles Railway Feeders Road, Nellore 2.The Venkatagiri Handloom Cooperative Producttion and Sale Society Ltd, Venkatagiri, Rep by its President. 3.The Station House Officer, Venkatagiri, Nellore. .....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 issue a writ or direction or order, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing notice dt.8.5.2008 bearing R.C.No.2263/94-89 issued by the 1st respondent to the petitioner is illegal, arbitrary and unjust and to further declare the action of the respondents in seeking to dispossess the petitioner from plot No.9 measuring 14.25 ankanams or 113.88 Sy.yards comprised in patta No.151, Sy.No.165/2-A, situated at Opariyavaram Village, Venkatagiri Municipality, Nellore District despite the explanation of the petitioner dt.16.5.2008 as illegal, arbitrary, and unjust and in violation of articles 14 and 21 of constitution of India and principles of natural justice and provisions of A.P.Co-Operative Society Act and consequently direct the respondents not to dispossess the petitioner from the above said house site. Counsel for the Petitioner: MR.M.VENKATA NARAYANA Counsel for the Respondents: GP FOR HOME The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14089 of 2008 ORDER: The first respondent herein issued a show-cause notice, dated 08.05.2008, calling upon the petitioner to show cause as to why the property of the second respondent-society, which was allegedly purchased by the petitioner without obtaining necessary permission, should not be resumed and as to why appropriate civil and criminal proceedings should not be initiated against him. The petitioner states that pursuant to the said notice, he submitted his explanation on 16.05.2008 denying the allegations. Though no final order is passed as on today, it is alleged that the respondents are attempting to dispossess the petitioner from the property in question i.e., Plot No.9, situated in Patta No.151 in Survey No.165/2-A of Periyavaram Village, Venkatagiri Municipality, Nellore District forcibly. Hence, this writ petition. Having regard to the specific plea of the petitioner that he had already submitted his explanation on 16.05.2008, without considering the same and without passing appropriate order the first respondent cannot take any coercive steps against the petitioner, much less there can be any interference with the petitioner’s possession. Hence, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioner in respect of the plot in question without considering the objections raised by the petitioner on 16.05.2008 and without passing any order thereon following due process of law. No costs. _______________ 02.07.2008 Note: Communicate operative portion of the order by wire at party’s costs. (B/o) VGB