IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No. 4252 of 2001 Between: Nossum Veerabhadra Swamy S/o Sri Sreenivasa Swamulu R/o Kandimallyapalli Village, B.Mattam Mandal, Cuddapah District. ..... PETITIONER AND 1 The District Collector Cuddapah. 2 Sri Govindanbha Zilla Parishad High School Committee for Girls, Rep. by its Member, Bolla Venkateshwarlu S/o Kataiah R/o B. Mattam Village and Mandal, Cuddapah District. 3 The District Educational Officer Cuddapah. .....RESPONDENTS 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 Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in attempting to take possession of 1067 acres of land in Survey No.443/2 of Somireddypalli Village, B. Mattam Mandaql, Cuddapah District in favour of 2nd Respondent without due process of law, without acquiring the same either under Land acquisition Act or under any other Act as illegal, unjust arbitrary and against Article 300 A of the Constitution of India and consequently direct the respondents not to handover the land of 1067 acres in Survey No.443/2 of Somireddypalli Village, B.Mattam Mandal, Cuddapah District in favour of 2nd respondent without acquirling either under Land Acquisition Act or under any other Act. Counsel for the Petitioner: MR.L.J.VEERA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No. 4252 of 2001 ORDER: The petitioner claims that his father was the original owner of an extent of land admeasuring Ac.2.81 cents in Survey No.443 of Somireddypalli Village in B.Mattam Mandal of Kadapa District. As per the averments made in the aﬃdavit ﬁled in support of the writ petition, the petitioner’s father, during his lifetime, orally donated an extent of Ac.1.14 cents out of the above stated land for establishment of a High School and accordingly Sri Govindanabha Zilla Parishad High School was established in the said land. The management of the said school is the second respondent herein. According to the petitioner, the remaining extent of Ac.1.67 cents in the said survey number continued to be enjoyed by his family members and there was also litigation in respect of the said land amongst them. A suit, O.S.No.326 of 2000 was ﬁled by the petitioner on the ﬁle of the Junior Civil Judge, Badvel seeking a declaration that the said land was the joint family property and for partition of his share therein. It is also stated that the second respondent, being the managing committee of the school also got itself impleaded in the said suit as if it had a claim over the entire extent of Ac.2.81 cents in Survey No.443 of Somireddypalli Village. No counter aﬃdavit has been ﬁled by respondents 1 and 3 and in spite of being served, the second respondent has not chosen to enter appearance before this Court. Heard Sri L.J.Veera Reddy, learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the first respondent. Learned counsel for the petitioner stated that the suit O.S.No.326 of 2000 has been decreed and an appeal along with an application for condation of delay, ﬁled by the second respondent is pending. He stated that the respondents tried to take over possession of the land admeasuring Ac.1.67 cents in Survey No.443/2 without taking recourse to law and therefore, the petitioner was constrained to file the present writ petition. This Court by order dated 13.03.2001 directed that status quo should be maintained. The petitioner also ﬁled a copy of the revenue record to show that the name of the petitioner’s father is reﬂected as against the land holding of Ac.1.14 cents and Ac.1.67 cents in Survey Nos.443/1 and 443/2 respectively. In the absence of material to the contrary, and on the basis of the material and pleadings available on record, it may be accepted that the petitioner and his family members are in possession of the land admeasuring Ac1.67 cents in Survey No.443/2 of Somireddypalli Village. It is needless to say that the respondents would be required to follow the due procedure laid down by law before interfering with the possession of the petitioner and his family members over the said land. Without taking recourse to the procedure laid down by law, the respondents cannot seek to dispossess the petitioner and his family members from the subject land. With this observation, the writ petition is disposed of. There shall be no order as to costs. _____________________ P.V.SANJAY KUMAR, J Date: 10.09.2008 va