IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 15781 of 2001 Between: Mettupalli Narsimha Reddy S/o. Mettupalli Malla Reddy R/o. Gowrelli Village, Hayathnagar Mandal, R.R.District. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District. 2 The Mandal Revenue Officer, Hayathnagar Mandal, Ranga Reddy 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 issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Authorities in interfering with the possession of the petitioner for an extent of Ac.2.20 guntas in Sy.No.178/7 as arbitrary, illegal, violative of Article 14 & 21 of the Constitution of India. Counsel for the Petitioner:MR.A.SUDERSHAN REDDY Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH Writ Petition No.15781_of 2001 ORDER: The writ petition is filed by the petitioner seeking for issue of writ of mandamus declaring the action of the respondent-authorities in interfering with his possession to an extent of Ac.2.20 guntas in Survey No.178/7, as arbitrary, illegal, violative of Articles 14 & 21 of the Constitution of India. The case of the petitioner is that the respondent- authorities have assigned an extent of Ac.3.00 in Sy.No.178 under a Patta Certificate N.6/6851 of 1998, dated 21.9.1998. The petitioner developed the same and has been eking out his livelihood by doing agriculture, on the said land. The respondent authorities conducted a survey and issued a Sethwar to an extent of Ac.2.20 guntas by giving the land Sy.No.178/7, pursuant to the same, he also been issued the Patta Certificate title deed and Pattadar pass book under Record of Rights Act. While so, on 21.7.2001 the respondent authorities, in an arbitrary manner, dispossessed the petitioner from the said land. Therefore, he filed the present writ petition. On behalf of the respondent, the Mandal Revenue Officer, Hayathnagar Mandal, Rangareddy filed a counter, in which, it is stated that as per the revenue records, the land in Sy.No.178, admeasuring Sy.No.16-37, is recorded as Gairan Sarkari. Out of which, an extent of Ac.3-00 of land has been assigned to the petitioner vide Patta Certificate No.C/6851/98, dated 21.9.1998. But at the time of demarcation of land an extent of Ac.2.20 gts is found available on ground, as against 3-00 acres of the land. The Assistant Director (Survey & Land Records), Ranga Reddy District has issued the Supplementary Sethwar to an extent of Ac.2-20 guntas land in Sy.No.178/1. The respondent has denied that they dispossessed the petitioner. From the above averments and having regard to the facts and circumstances of the case, since the assignment of the land in favour of the petitioner is not denied and since it is categorically stated in the counter affidavit that the respondents have not dispossessed the petitioner from the land assigned, no direction need be given. However, it is needless to mention that no authority is empower to dispossess the petitioner from his land in question, without following the due process of law. The Writ Petition is closed. No costs. _____________________ Justice G. Chandraiah Date:20.11.2008 mrb