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 V.ESWARAIAH WRIT PETITION No.9 of 2008 Between: E.Venkateswara Rao, S/o Appalaswamy, R/o Ward No.9, Cheerala Street, Thiruvuru Village and Mandal, Krishna District. ..... PETITIONER AND 1 The Gram Panchayat, represented by its Executive Officer, Thiruvuru Gram Panchayat, Thiruvuru, Krishna District. 2 The Deputy Executive Engineer, R&B Division, Mylavaram, Krishna 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 to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent- authorities with regard to initiating of eviction proceedings in Sy.No.155, Ward No.9, Cheerala Street situated at Thiruvuru Gram Panchayat, Krishna District by further declaring that the impugned action of eviction is illegal, arbitrary and in violation of principles of natural justice and consequently pass suchother order or orders as this Hon'ble Court may deem think fit and proper. Counsel for the Petitioner: MR.V.MALLIK Counsel for the Respondent No.: MR.VIJAYA BHASKAR MOOLA The Court made the following: Form-NIC-OGS/WP{RS} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9 of 2008 ORDER: It is the case of the petitioner that he is the owner of an extent of 5 0 sq.yards in Sy.No.155 situated at Thiruvuru Gram Panchayat, Krishna District and the respondents are threatening to evict him without following due process of law. A counter has been filed by the 2nd respondent stating that the petitioner is not the owner of the said property and he is an encroacher and he has no right to squat over the property belonging to R & B Department. It is further stated that the petitioner has removed the encroachment voluntarily and the Department has also laid road in the said premises. The petitioner is an encroacher and as such there is no forcible eviction at any point of time as his shop is in the midst of the road. The petitioner has removed his encroachment in order to avoid the accidents that would occur if he remains on the portion as it would endanger him due to the heavy traffic. In view of the above, it is not known whether the petitioner is the real owner or not and whether he is still in occupation of the property of the R & B Department or not, and the said disputed questions of facts cannot be decided in this writ petition. The Writ Petition is accordingly dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 30.04.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Gram Panchayat, represented by its Executive Officer, Thiruvuru Gram Panchayat, Thiruvuru, Krishna District. 2 The Deputy Executive Engineer, R&B Division, Mylavaram, Krishna District. 3 2. 2CCs to 4. 2CD copies