IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION No. 2586 of 2005 Between: Kolli Rama Rao, S/o Late Atchanna, R/o D.No. 7/155/2, Revallapalem Road, Madhurawada village, Visakhapatnam District. ..... PETITIONER AND 1 The Mandal Revenue Officer, Visakhapatnam Rural, Visakhapatnam. 2 Government of Andhra Pradesh, re[p. by The District Collector, Visakhapatnam District, Visakhapatnam. 3 Visakhapatnam Urban Development Authority, rep. by its Vice Chairman, Vuda Complex, Visakhapatnam. .....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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in attempting to dispossess the petitioner from his land an extent of Ac. 4.00 cents in Survey NO. 127/9 of Madhurawada village, Visakhapatnam District without giving any notice, without conducting any enquiry and without passing any order as illegal, arbitrary, mala fide, ultravires, unjust and in flagrant violation of the principles of natural justice and to consequently direct the respondents not to dispossess the petitioner from the said lands excepting under the due process of law and to pass such other and further orders as deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.SARVA BHOUMA RAO Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE Counsel for the Respondent No.3: MR SOMALINI REDDY The Court at the stage of admission made the following: ORDER: Alleging that he was granted a D-Form patta in respect of Ac.4.00 cents in Sy.No.127/9 of Madhurawada village, Visakhapatnam District, where he raised different varieties of trees, and that respondents high handedly and without any entitlement are trying to dispossess him there from, petitioner filed this writ petition for declaration that respondents attempting to dispossess him from the aforesaid land of Ac.4.00 cents, without conducting any enquiry and without passing orders cancelling the patta, is illegal, arbitrary and violative of the principles of natural justice, and consequently to pass an order restraining them from dispossessing him from the said land. The relief sought by the petitioner in this petition, in effect, is declaration of his title and consequential injunction restraining the respondents from interfering with his possession over the property allegedly assigned to him. Since the petitioner has an effective alternative remedy of civil suit for declaration of title and consequential injunction, I find no grounds to admit the writ petition. Hence, the writ petition is disposed of with a direction to both parties to maintain status quo obtaining as on today in respect of the aforesaid Ac.4.00 cents for a period of one week from today. No order as to costs. Dated: 15.02.2005 Note: Issue CC in three days B/o Dsr ASSISTANT REGISTRAR To: 1 The Mandal Revenu Officer Visakhapatnam Rural, Visakhapatnam. 2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Vice Chairman,Visakhapatnam Urban Development Authority, Vuda Complex, Visakhapatnam. 4. Two CCs to the Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT) 5. Two CD copies Form-NIC-OGS/WP{AVLR}