IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9320 of 2001 Between: Pothireddy Subba Rao, s/o. Pothireddy Muthyalu, Ballavari Street, Old Bazar, Narsapur, West Godavari District, A.P. ..... PETITIONER AND 1 The Muncipal Commissioner, Narsapur, West Godavari District, A.P. 2 The Revenue Divisional Officer, Narsapur, West Godavari District, A.P. .....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 one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess and to evict the petitioner from the said premises where he runs a tea stall, situated by the side of Lord Venkateswra Temple, near Sri Lakshmi Talkies, Old Bazar, Narasapuras illegal, arbitrary, ultravires unconstitutional, violative of the Articles 14, 21 and 300A of the constitution of India and consequently direct the respondents not to dispossess the petitioner from his possession without initiating proceedings under the A.P. Municipalities Act and pass such other order or orders as deem fit and proper in the circumstances of the case. Counsel for the Petitioner:M/SC.KODANDA RAM Counsel for the Respondents: Mr.S.Nageshwara Reddy The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondents in trying to dispossess and to evict him from the premises where he runs a tea stall, situated by the side of Lord Venkateshwara Temple near Sri Lakshmi Talkies, Old Bazar, Narasapur, as illegal and arbitrary and consequently to direct the respondents not to dispossess him from the said premises without initiating proceedings under the A.P. Municipalities Act. The only grievance of the petitioner is that the respondents are trying to dispossess him from the encroached premises situated by the side of Lord Venkateshwara Temple near Sri Lakshmi Talkies, Old Bazar, Narasapur without following due process of law. Having regard to the facts of the case, if the petitioner encroached the said premises, I am of the opinion that the petitioner is liable to be evicted under the provisions of A.P. Land Encroachment Act as well as under the Municipalities Act. However, without following due process of law, the petitioner cannot be dispossessed from his premises. Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioner from his premises without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:03.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MADHURI}