IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4355 of 2008 Between: 1 Boya Narasamma, W/o. Boya Mallajjappa, Hindu R/o.Thippepalli Village, Settur Mandal, Ananthapur Dist., 2 Boya Nrasimhappa , S/o. Boya Mallajjappa, Hindu R/o.Thippepalli Village, Settur Mandal, Ananthapur Dist., 3 BoyaEranna,S/o Narasimhappa , Hindu R/o.Thippepalli Village, Settur Mandal, Ananthapur Dist., 4 BoyaEranna,S/o Late Narasimhappa , Hindu R/o.Thippepalli Village, Settur Mandal, Ananthapur Dist., ..... PETITIONERS AND 1 The Dist Collector, Anantapur Dist., 2 Thasildar, Settur Mandal,Anantapur Dist., 3 The Sub Inspector of Police, Settur Mandal, Anantapur Dist., 4 Boya Govindappa, S/o. Sannappaiah,Hindu R/o.Thippepalli Village, Settur Mandal, Anantapur Dist., 5 Boaya Nalla Eranna, S/o. Mmudurappa,Hindu R/o.Thippepalli Village, Settur Mandal, Anantapur Dist., .....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 an appropriate writ, or direction, more particularly issue one in nature of writ of MANDAMAS declaring the action of the respondents No - 1 & 2, in not taking action against the respondents 4 & 5, from interfering with the petitioners house constriction work with their respective extents, as per the representation dated, 3-12-2007 & legal Notice dated, 19-2-2007, without any manner of right, is been illegal, unjust, arbitrary and consequently direct the respondents 1 & 2, to take action against the respondents 4 & 5, for interfering from the petitioners respective extents in S.Y.No. 170 & 145-2, in Thippanapalli village, Settur Mandal, Anantapur Dist, by considering the representation dated 3-12-2007 and legal Notice dated 19-2-2007. Counsel for the Petitioner: Mr.KOTHAPALLI RAM MOHAN CHOWDARY Counsel for the Respondents: GP FOR REVENUE & GP FOR HOME The Court made the following : ORDER: Heard learned counsel appearing for the petitioners; learned Government Pleader for Revenue; and the learned Government Pleader for Home appearing for the respondents. 2. It is the case of the petitioners that each of them have been allotted an extent of Ac.0.03 cents vide various plot numbers in Sy.No.145-2 of Mulakaledu, hamlet of Tippanapalli village, Chittoor mandal and house site pattas were also issued in their favour in 1989. It is stated that thereafter possession certificate was also issued in their favour in 1998 stating that they are in possession of the land allotted to them. While so, the unofficial respondents 4 and 5 are interfering with their peaceful possession and enjoyment of the said land. 3. When once the house site has been assigned in favour of the landless poor based on their possession and if any third parties are interfering with the peaceful possession and enjoyment the only course open for the petitioner is to protect his right by any appropriate proceedings in any appropriate legal Court i.e., by filing a civil suit before the civil Court. If the land is not encroached by the third parties and somebody is interfering with their right, title, and possession it is always open for the petitioner to make a complaint before the concerned police enclosing all the relevant documents. When once the land has been handed over and possession certificate has been issued, it is for the petitioner to protect his right, but there is no method or mechanism to protect the lands assigned by the Government. The Government is only required to take action if there is any violation of the terms and conditions of the patta or the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 but with regard to a civil dispute it is for the petitioner to resolve the same in appropriate civil proceedings. 4. Accordingly, Writ Petition is dismissed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 29th February, 2008 Tsy To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}