IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 830 of 2007 Between: Sanaullha Khan S/o.. Abdul Rahman Khan R/o.5-2-157, Raheempura, Korutla, Karimnagar District. ..... PETITIONER AND 1 District Collector, Karimnagar District. 2 Korutla Municipality Karimnagar District, Rep. by its Commissioner. 3 Mandal Revenue Officer, Kortutla, Karimnagar District. .....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 direction more particularly one in the nature of writ of Mandamus against the respondents not to interfere the peaceful possession of the petitioner in of the property bearing Municipal No. 1-1-114/1, admeasuring 5 guntas in Sy. No. 478 situated Hajipura, Korutla, Karimnagar and to pass such other order or orders as deem fit and proper in the interest of justice. Counsel for the Petitioner: MS.NASEEB AFSHAN Counsel for the Respondents: MR.POLISETTY RADHA KRISHNA(SC FOR MPL(TA)) The Court made the following : ORDER: In this writ petition, the petitioner seeks to issue a Writ of Mandamus to declare the action of the third respondent in interfering with the possession of the petitioner over the property bearing Municipal No.1-1-114/1, admeasuring Ac.0.05 guntas in S.No.478 situated at Hajipura, Korutla Mandal, Karimnagar District, as illegal and arbitrary. It is the case of the petitioner that he purchased the above said land from its earlier owner, namely, Palikunda Rajam, on 17.05.2004, and constructed a house. It is his grievance that though he constructed house in the land purchased by him, the respondent, high handedly, is taking steps for his eviction from the said land. It is stated that on 6.01.2007, the officials of the third respondent have demarcated the property and are taking steps to dispossess him from the land in question and hence he seeks appropriate directions in this regard. A counter affidavit is filed on behalf of the Mandal Revenue Officer, Korutla Mandal, Karimnagar District. In the counter affidavit it is stated that the petitioner had occupied the Government land and constructed a house with RCC roof without any right. It is stated that the petitioner is not being evicted from the house and only on mere apprehension he has moved this Court. It is further stated that if the petitioner is to be evicted from the land in question, appropriate notice will be issued to him calling for explanation, and action will be taken in accordance with law. From the averments made in the counter affidavit, it is clear that no steps have been taken by the respondents for eviction of the petitioner and on mere apprehension he appear to have approached this Court. In any event the respondents have admitted the possession of the petitioner and they have also stated that if any steps are to be taken for eviction of the petitioner, they would follow due process of law. Therefore, the writ petition is disposed of directing the respondents not to evict the petitioner without following due process of law. It is made clear that since the land in question is a Government land, this order will not preclude the third respondent to take steps in accordance with law for eviction of the petitioner. There shall be no order as to costs. _______________________ (R.SUBHASH REDDY, J.) 23rd April, 2009 Js.