IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) , DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 232 of 2009 Between: Smt Balam Venkata Subbamma W/o. Late B.Subbarayudu Flat No.505 Block No.5 CBR Estate Deepthi Sri Nagar Colony Miyapur Post R.R District ..... PETITIONER AND 1 The District Collector Visakhapatnam District Visakhapatnam 2 The Mandal Revenue Officer Chingadili(M) Visakhapatnam Rural at Adarshnagar Visakhapatnam,Visakhapatnam District .....RESPONDENT(S) 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 an appropriate writ order ordirection more particularly one in the nature of writ of Mandamus declaring the action of the respondents in attempting to forcibly dispossess the petitioner house plot bearing Nos 48 and 49 admeasuring 444 Sq Yards situated in Sy No.13/2 of Yendada(V) Chingadili(M) Visakhapatnam Rural Visakhapatnam District without issuing any notice and without following the due process of law as illegal arbitrary unjust against to the principles of natural justice and to consequently direct the respondents not to dispossess the petitioner from the above said plots and to grant such other relief or reliefs Counsel for the Petitioner:MR.B.PARAMESEWARA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: The case of the petitioner is that she is an absolute owner and possessor of open plots bearing Nos.48 and 49 admeasuring 444 square yards situated in Survey No.13/2 of Yendada village, Chingadili Mandal, Visakhapatnam Rural, Visakhapatnam District, having purchased the same from one Ramarao by a registered Sale Deed bearing document No.1382 of 1986 registered in the office of the Sub-Registrar, Visakhapatnam. It is further stated that the persons, who purchased the plots in Survey Nos.13 and 14, have formed an association in the name and style of “Yendada Plot Onwers Welfare Association” and also obtained a lay out and constructed their respective houses. It is also stated that while there was an attempt to dispossess the plot owners from the Survey Nos.13 and 14, the aforesaid Association filed W.P.No.10397 of 2005 before this court in which an interim direction not to dispossess its members without following due process of law was granted and the said Writ Petition is still pending. It is further stated that while so, on 31.12.2008 the respondents’ officials threatened to dispossess her from the said plots. Having regard to the facts and circumstances of the case, I am not inclined to express any opinion with regard to right title and possession of the petitioner in respect of plot Nos.48 and 49 situated in Survey No.13/2 of Yendada village, Chingadili Mandal, Visakhapatnam Rural, Visakhapatnam District and it is not known whether it is a Government land or not and whether the vendor of the petitioner has got right title or not. But however, if the petitioner is in possession and enjoyment of the same, she may not be dispossessed without following due process of law. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. ____________________ V. ESWARAIAH, J Date: .01.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector Visakhapatnam District Visakhapatnam 2 The Mandal Revenue Officer Chingadili(M) Visakhapatnam Rural at Adarshnagar Visakhapatnam,Visakhapatnam District 3. 2CCs to G.P. for Revenu, High Court buildings, High Court of A.P. Hyderabad 4. 2CD copies