IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12759 of 2006 Between: Sri Venkateswara Yuvajana Sangam, Penturu, Nandigam Mandal, Srikakulam District. … Petitioner And The Gram Panchayat, Nandigam (Penturu Village) Srikakulam & others. … Respondents Counsel for the Petitioner: Smt. N(P) Anjana Devi Counsel for respondents 5&6: Sri K. Bheema Rao The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12759 of 2006 ORDER: The petitioner, who claims to be a Youth Association of Penturu Village, Nandigam Mandal, Srikakulam District, filed the present writ petition feeling aggrieved by the inaction of respondent Nos.1 to 4 in general and respondent No.1 in particular in evicting respondent Nos.5 and 6. According to the petitioner, its members have applied for grant of house site pattas over an extent of Ac.1.25 cents of land in Sy.No.38 of Nandigam Gram Panchayat, but that respondent Nos.5 and 6 have encroached into the said land and raised construction. The grievance of the petitioner is that despite representations being made, the respondents are not evincing interest in evicting respondent Nos.5 and 6. Separate counter affidavits have been filed by respondent Nos.1 and 2. In the counter affidavit filed by the Sarpanch of respondent No.1 Gram Panchayat, it is inter alia stated that an extent of Ac.4.88 cents, classified as Gramakantham, exclusively belongs to respondent No.1 Gram Panchayat and that out of the said extent, Ac.1.25 cents was illegally occupied by respondent Nos.5 and 6, who are father and son and constructed houses without obtaining any permission from the Gram Panchayat or the revenue department. It is also stated that respondent Nos.5 and 6 will be evicted by following due process of law. At the hearing, Sri K. Bheema Rao, learned counsel appearing for respondent Nos.5 and 6, stated that his clients have got the property from their ancestors, who succeeded in a civil suit i.e., O.S.No.94 of 1915 on the file of the District Court, Ganjam and that the said land is a private property. He further stated that if and when respondent No.1 initiate process for eviction, his clients may be permitted to avail their legal remedies. In the light of the pleadings of the parties, referred to above, the writ petition is disposed of with liberty to respondent No.1 to initiate appropriate proceedings for eviction of respondent Nos.5 and 6 by following due process of law without prejudice to the latters’ rights to avail appropriate remedies. __________________________ C.V.NAGARJUNA REDDY, J Date: 05.08.2010. ES