IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.11014 of 2010 Between: J.Krishna … Petitioner And The District Collector, Vizianagaram and three others … Respondents This Court made the following: HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No. 11014 OF 2010 ORDER:- This writ petition is filed seeking to issue a writ of Mandamus directing the respondents not to interfere with the peaceful possession and enjoyment of the property being an extent of Ac.0-20 cents situated in S.No.119/1 of Bheemasingi village, Jami Mandal, Vizianagaram District besides directing not to proceed further. It is the case of the petitioner that his father purchased an extent of Ac.0-20 cents of land situated in survey No.119/1 of Bheemasingi Village, Jami Mandal of Vizianagaram District vide registered sale deed, dated 06.12.1990 registered as document No.1248/1990 in the office of the Sub-Registrar of Srungavarapukota of Vizianagaram District. But in the registered sale deed in stead of showing the survey No.119/1, it was shown as survey No.186/8 in the schedule of the sale deed. Therefore, a rectification deed to the said effect was executed on 03.07.2000 between the parties, which is registered as document No.784/90. While so, the 3rd respondent Tahsildar issued a notice dated 28.12.2009 under Section 7 of the Land Encroachment Act directing to submit explanation as ot why the constructions made in S.No.172/16 of Bheemasingi village shall not be removed. It is the case of the petitioner that the petitioner has not encroached any land much less land in S.No.172/16, but he is in possession of the land in S.No.119/1 alone. Learned Government Pleader appearing for the respondents submits that the action for the removal of the encroachment in respect of the land to an extent of Ac.1-08 cents in S.No.172/16 alone, but not in respect of survey No.119/1. Learned counsel for the petitioner states that he cannot have any objection for the eviction proceedings in respect of the encroachments made in S.No.172/16, but his objection is only in respect of his land in S.No.119/1. As it is stated that the Government has not instituted any action for removal of the encroachment in S.No.119/1, the writ petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac.0-20 cents in S.No.119/1 of Bheemasingi village, Jami Mandal, except otherwise in accordance with the procedure prescribed under law. __________________ V.ESWARAIAH, J 5th May 2010 Note: C.C. by two days. B/o Lmv