IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2198 of 2007 Between: 1 Chintala Cheruvu Veeramma, w/o Venkateswarlu, r/o K.Agraharam Village, Jaggaiahpet Rural Mandal, Krishna District. 2 Anumala Nagamma, w/o Narasimham, r/o K.Agraharam Village, Jaggaiahpet Rural Mandal, Krishna District. 3 Chintala Cheruvu Saraswathi, w/o Ram Babu, r/o K.Agraharam Village, Jaggaiahpet Rural Mandal, Krishna District. 4 Guduru Venkateswarlu, s/o Venkata Narasaiah, r/o K.Agraharam Village, Jaggaiahpet Rural Mandal, Krishna District. 5 Yandrathi Lakshamma @ Lakshmi w/o Aseerwadam, r/o Jayanthipuram Village, Jaggaiahpet Mandal, Krishna District. ..... PETITIONER(S) AND the Jaggaiahpet Nagar Panchayat, represented by its Municipal Commissioner, Jaggaiahpet, Krishna District. .....RESPONDENT 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 particularlyone in the nature of writ of mandamus declaring the action of the respondent in seeking to dispossess the petitioners from their land in an extent of Ac.1.00 cents, Ac.1.50 cents, Ac.0.65 cents, Ac.1.00 cents, and Ac.1.00 cents respectively in survey No.475 of K.Agraharam, Jaggaiahpet, Krishna District without issuing any notice or following any procedure as the same is arbitrary, illegal and violative of principles of natural justice as also Article 14, 21 and 300-A of the Constitution of India and to pass such other order or orders in the interest of justice. Counsel for the Petitioner:MR.P.PRABHAKAR RAO Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2198 of 2007 ORDER: In this writ petition, the petitioners, 5 in number, seek direction by way of mandamus to declare the action of the respondent-Nagar Panchayat in taking steps to dispossess the petitioners from their lands admeasuring Ac.1.00 cents, Ac.1.50 cents, Ac.0.65 cents, Ac.1.00 cents, and Ac.1.00 cents respectively, situated in Sy.No.475 of K.Agraharam, Jaggaiahpet, Krishna District. To show that they are in possession of the lands in question, the petitioners have filed pahani patrik issued by the Tahsildar, Jaggayyapet on 1.2.2007. The entries made in the said register prepared under the A.P. Record of Rights in Pattadar Pass Books Act, 1971, show the possession of the petitioners. It is the grievance of the petitioners that the respondent-Nagar Panchayat is taking steps to dispossess them from their lands without issuing any notice and without following due process of law. S r i S.Nageshwar Reddy, learned standing counsel for the respondent-Nagar Panchayat submits that the respondent is not dispossessing or taking any steps for dispossession of the petitioners from the lands in question without following due process of law. In the aforesaid circumstances, the writ petition is disposed of at the stage of admission directing the respondent-Nagar Panchayat not to dispossess the petitioners from land admeasuring Ac.1.00 cents, Ac.1.50 cents, Ac.0.65 cents, Ac.1.00 cents, and Ac.1.00 cents respectively, situated in Sy.No.475 of K.Agraharam, Jaggaiahpet, Krishna District, if they are in possession as on today, as otherwise than due process of law. However, it is made clear that if the said land belongs to the respondent-Nagar Panchayat, this order will not preclude the respondent to take steps for eviction of the petitioners in accordance with law. No order as to costs. ------------------------------ R. SUBHASH REDDY. J APRIL 30, 2009 Tsr/Gk