THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.14552 of 2008 Date : 29-11-2010 Between : Muggu Thirupathi .. Petitioner And The District Collector, Karimnagar, Karimnagar District and 3 Others .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.14552 of 2008 ORDER: This Writ Petition has been filed seeking a Writ of Mandamus to declare the action of the Respondents in interfering with peaceful possession and development activities of the petitioner in respect of land situated in Sy.No.52, Sita Rampur Village, Karimnagar Mandal, as illegal and further to direct the Respondents not to interfere with his peaceful possession and enjoyment of the said land. Heard both the learned counsel. The petitioner states that he purchased an extent of 568.94 square yards of land situate in Sy.No.52 of Sita Rampur Village by registered sale deed dated 12-02-2007 from one, G.Srinivas. He obtained permission on 22-05- 2007 for construction of a two storeyed building on the said land. He states that as there was dispute with regard to the boundaries of the land purchased by him, the Mandal Surveyor surveyed the land and fixed the boundaries under panchanama, dated 15-12-2006. It is his case that he has undertaken the construction within the boundaries and on the land situate in Sy.No.52 only. The petitioner complains that despite the same, the Respondents 1 to 3 are trying to interfere with his possession and dispossessing him without due process of law. He has, therefore, filed the Writ Petition for the aforesaid relief. The 3rd Respondent viz., Tahsildar, Karimnagar Mandal in his counter while admitting that the petitioner is the owner of land in Sy.No.52 states that he has illegally encroached an extent of 180 square yards of land in Sy.No.71 which is Government land and started constructions over the said Government land. He, therefore, states that the petitioner cannot claim the said extent of land nor can he be allowed to make any construction on the same. Admittedly, there is no dispute with reference to the right of the petitioner over the land situate in Sy.No.52. Over the said extent, respondents have no objection. However, it is the specific case of the respondents that the petitioner has encroached into the adjacent land situate in Sy.No.71. This being a disputed question of fact, the same cannot be decided in this Writ Petition. Be that as it may, even if the petitioner is an encroacher and he is in occupation of the Government land unauthorizedly, the respondents cannot throw him out highhandedly. The petitioner can only be dispossessed by following due process of law. The 3rd Respondent is directed to conduct enquiry whether in fact the petitioner has encroached the land in Sy.No.71 and if he is found to be in occupation of the Government land, the respondents can proceed to evict him by following due process of law. The Writ Petition is disposed of with the above directions. No costs. ________________ NOUSHAD ALI, J. 29th November, 2010 skmr