IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26101 of 2008 Between: Gali Mamatha, W/o. Ravi Naidu, R/o. Sullurpet Village and Mandal, Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Municipal Administration Department, Secretariat, Hyderabad. 2 The Commissioner, Srikalahasthi Municipality, Chittoor District. 3 The District Collector, Chittoor, Chittor District. 4 The Tahsildar/Mandal Revenue Officer, Srikalahasthi, Chittoor District. 5 The Executive Engineer, Roads & Buildings Division, Srikalahasthi, Chittoor 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 f the respondents in interfering with the peaceful possession and enjoyment of 200 Sq. yards of site bearing H.No. 7-112 Ward No.7 near RTC bus- station, P.V. Road in S.NO. 185/3 of Srikalahasthi town, Chittoor District as illegal, arbitrary and unconstitutional and consequently direct the respondents not to interfere with the petitioners possession and enjoyment of 200 Sq. meters of site bearing H.NO. 7-112, Ward No.7, near RTC bus station, P.V. Road in S.No. 185/3 of Srikalahasthi town, Chittoor District. Counsel for the Petitioner:MR.N.RAVI PRASAD Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in interfering with the peaceful possession and enjoyment of 200 sq. yards of site bearing H.No.7-112, belonging to the petitioner in S.No.185/3 situated in Srikalahasthi Town, Chittoor District, as arbitrary and illegal. The petitioner asserts that she is the absolute owner of 200 sq. yards of site bearing H.No.7-112 in S.No.185/3 situated in Srikalahasthi Town, Chittoor District, having purchased, under a registered sale deed dated 13.8.2008 and later she constructed a shed in it and since then she has been in peaceful possession and enjoyment of it. Subsequently, the property was mutated in her name and she is paying tax to the 2nd respondent-Commissioner, Srikalahasthi Municipality. Now, the petitioner’s main grievance is that the 2nd respondent-Commissioner and the 4th respondent-Tahsildar, without any manner of right and without issuing any notice, are trying to interfere with her peaceful possession and enjoyment of the property in question. Heard Sri N.Ravi Prasad, learned counsel for the petitioner, the learned Government Pleader for Municipality appearing for the 1st respondent, Sri I.Newton, learned counsel for the 2nd respondent, the learned Government Pleader for Revenue, appearing for the 3rd and 4th respondents and the learned Government Pleader for Roads and Buildings appearing for the 5th respondent and perused the material placed on record. Now, that respondents 2 and 4 have initiated action against the petitioner, she may approach the said authorities and establish her ownership and possession of the property in question and also submit a representation to that effect. Hence, this Court deems it appropriate to dispose of the writ petition at the admission stage with the following direction: “The petitioner is directed to make a representation to respondents 2 and 4 indicating her ownership and possession of the property in question within a period of ten days from the date of receipt of a copy of this order, and on such representation being made, respondents 2 and 4, after affording an opportunity to the petitioner to put forth her version, shall consider the representation and pass appropriate orders thereon in accordance with law, within a period of two weeks. Till the disposal of the representation, respondent Nos.2 and 4 shall not interfere with the petitioner’s peaceful possession and enjoyment of the property in question”. In terms of the above direction, this writ petition is disposed of. No costs. ______________ 28.11.2008 Note: Furnish copy in two days B/o bcj