IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13757 of 2009 Between: 1 Gopathi Shyam Rao, S/o. Late Shivulu, R/o. Kanpa Mediguda Village, Jainath Mandal, Adilabad District. 2 Gopathi Adellu, S/o. Late Rajalingu, R/o. Kanpa Mediguda Village, Jainath Mandal, Adilabad District. ..... PETITIONER(S) AND 1 The District Collector, Adilabad, Adilabad District. 2 The Revenue Divisional Officer, Adilabad Division, Adilabad District. 3 The Tahsildar, Jainath Mandal, Adilabad District. 4 The Assistant Director, Horticulture Department, S.G. Polytechnic College Road, Adilabad. .....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 a Writ of Mandamus declaring the action of the respondents herein in trying to dispossess the petitioners from their lands to an extent of Ac. 14.00 each in Sy.No. 78/A and 78/B, situated at Kanpa Mediguda Village, Jainath Mandal, Adilabad District without initiating any land acquisition proceedings and not paying the compensation to the petitioners for acquiring their part of land for the purpose of filling the Tank Bund at the time of Construction of Sathnala Project as illegal, arbitrary, abuse of process of law, without following any procedure of law, unjust, violation of principles of natural justice adn consequently direct the respondents not to dispossess the petitoners from their lands to an extent of Ac. 14.00 each in Sy.No. 78/A and 78/B, situated at Kanpa Mediguda Village, Jainath Mandal, Adilabad District without intiating any land acquisition proceedings and also direct the respondents to pay the compensation for the part of the lands already acquired in the interest and pass Counsel for the Petitioner:MR.S.SURENDER REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: The singular grievance in this writ petition is that despite ownership and continued possession of the petitioners of agricultural land of an extent of Ac.14.00 each in S.No.78/A and 78/B respectively of Kanpa Mediguda village, Jainath Mandal Adilabad District, which is their ancestral property, the respondents are attempting to dispossess them forcibly without following the due process of law. The respondents 1 to 3 are alleged to have indulged in this lawless activity of potential criminal trespass at the instance of the 4th respondent. Neither the State nor an instrumentality of the State is impleaded as a respondent to this writ petition. The writ petitioners are rest content with impleading the District Collector, Adilabad, the Revenue Divisional Officer, Adilabad, the Tahsildar, Jainath Mandal and the Assistant Director, Horticulture Department, Adilabad. In any event, the petitioners have an alternative remedy by way of seeking injunctive relief before a civil court of competent jurisdiction more proximal to their habitat and that in the event of apprehension of imminent threat of dispossession, the petitioners may also seek urgent ex parte orders seeking dispensation of mandatory notice under Section 80 C.P.C. As the petitioners have an alternative remedy, this Court is not inclined to exercise judicial review. The writ petition is dismissed at the stage of admission relegating the petitioners to pursue the appropriate remedy. No order as to costs. ____________________ GODA RAGHURAM,J 10.7.2009. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 13757 of 2009 Dated: 10.7.2009.