IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2301 of 2009 Between: Smt. Devineni Anasuayamma, W/o. Late Venkata Subbaiah, R/o. H.No. 10-44, Near Bapujinagar, Kavali Town, Municipal Plots, Kavali, Kavali Mandal, Sri Pottisriramulu, Nellore District, A.P. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by is Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Sri Pottisriramulu, Nellore District, Nellore, A.P. 3 The Tahsildar, Kavali Mandal, Kavali Sri Pottisriramulu, Nellore District, A.P. .....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 or order or direction under Article 226 of the Constitution of India, particularly one in the nature of Writ of MANDAMUS, declaring the action of the third respondent in interfering with the possession and enjoyment of the house bearing no. 10-44, in survey No.2082/5 of Kavali Bit-II, Kavali (M), Sri Pottisriramulu Nellore District, A.P. of the petitioner without giving an opportunity to her pending the application with second respondent under G.O.Ms.No. 166, Revenue (Assignment-POT) Department, dt. 16-02-2008 as unjust, arbitrary, and illegal and violative of Article 21 of the Constitution of India and to direct the second respondent to dispose off her application for regularization after calling for the records. Counsel for the Petitioner:MR.NUTHALAPATI KRISHNA MURTHY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioner claims to have occupied Ac.0.05 cents of Government land in survey No.2082/5 of Kavali Bit-II and constructed a house thereon. It is stated that the house was assigned a number, being 10-44. The petitioner submitted an application for regularization of her occupation of the Government land in terms of G.O.Ms.No.166, Revenue (Assignment-POT) Department, dated 16.02.2008. Her grievance is that even while the application is pending consideration, the respondents are trying to dispossess her and demolish the house. Heard learned counsel for the petitioner and learned Government Pleader for Revenue (Assignments). The Government itself evolved a scheme for regularization of occupation of Government lands through its G.O.Ms.No.166, dated 16.02.2008. However, the encroachments over the road margin cannot be regularized under that G.O. If the petitioner is evicted even while the application filed by her for regularization is pending, she would put to serious hardship and would be rendered shelterless. Hence, the Writ Petition is disposed of, directing that the respondents shall not dispossess the petitioner, pending consideration of her application, in terms of G.O.Ms.No.166, dated 16.02.2008. It is, however, made clear that in case the petitioner had encroached any road margin, it shall not be necessary for the respondents to wait till the disposal of the application and they can take further action, duly giving reasonable time for the petitioner to vacate the premises. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.09.02.2009. Note:Furnish C.C. tomorrow. (B/o) GJ