IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 2346 of 2007 Between: 1 Dama Anjaiah, s/o Ankaiah, r/o Kalavalla (V), Voletivaripalem (M), Prakasam District. 2 Dama Narayana, s/o Ankaiah, r/o Kalavalla (V), Voletivaripalem (M), Prakasam District. 3 Tatikonda Nirmala, w/o Gangaiah, r/o Kalavalla (V), Voletivaripalem (M), Prakasam District. 4 Tatikonda Peda Raghavulu, s/o Narasimham, r/o Kalavalla (V), Voletivaripalem (M), Prakasam District. 5 Tatikonda China Raghavulu, s/o Chinnaiah, r/o Kalavalla (V), Voletivaripalem (M), Prakasam District. 6 Tatikonda Kondaiah, s/o Chinnaiah, r/o Kalavalla (V), Voletivaripalem (M), Prakasam District. 7 Vadlamudi Venkaiah, s/o Pullaiah, r/o Kalavalla (V), Voletivaripalem (M), Prakasam District. 8 Vadlamudi Anjamma, w/o Subbamma, r/o Kalavalla (V), Voletivaripalem (M), Prakasam District. ..... PETITIONER(S) AND 1 The District Collector, Prakasam District at Ongole. 2 the Revenue Divisional Officer, Kandukur, Prakasam District. 3 Mandal Revenue Officer, Voletivaripalem Mandal, Prakasam District. 4 The Kalavalla Gram Panchayat represented byits Panchayat Secretary Kalavalla (V), Voletivaripalem (M) Prakasam 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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in insisting the petitioners to vacate from the site covered by survey number 286/21 of Kalavalla Village pursuant to notice RCV 22/07, dt.1-2-2007 issued by the 3rd respondent as illegal, irregular, without jurisdiction and violative of principles of natural justice and provisions of the Land Encroachment Act and offends articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to evict the petitioners from the use and occupation of the said site and pass such other orders or order as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.SITA RAM CHAPARLA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 2346 of 2007 ORAL ORDER: The 3rd respondent issued notices dated.01-12-2007 to the 2nd petitioner and his son calling upon them to vacate the site covered by Sy.No.286/21 of Kalavalla village on the allegation that it is the property of the Government being waste land and has been encroached upon by the addressees and on the further ground that the Grampanchayat-the 4th respondent had resolved to allot the said land for construction of a veterinary hospital. The addressees namely the 2nd petitioner and his son were required to attend the office of the Grampanchayat and produce their documents of title. Without responding to the said notices the petitioners have filed this writ petition. The 3rd respondent has filed a counter-affidavit. In the counter- affidavit the answering respondent alleges that all the petitioners are encroachers of government/Grampanchayat property and that they will be evicted by following the due procedure under the provisions of the Land Encroachment Act. Counter-affidavit also complains that despite the notices dated.01-12-2007 to the 2nd petitioner, the addresses of the notice neither appeared nor submitted objections. In the light of the facts revealed from the pleadings no adjudication in this writ petition is either possible, not warranted. There are competing claims to the property in question, one by the respondents claiming that the property is government property and by the petitioners an ambiguous claim as to the ownership and possession. Since the respondents q u a the 3rd respondent’s counter have specifically pleaded that they are going to follow the due process of law, the writ petition is disposed of recording the submission in the counter of the 3rd respondent. No order as to costs. __________________ GODA RAGHURJAM,J 24TH MARCH,2008 *TSNR // TRUE COPY // SECTION OFFICER