IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 354 of 2008 Between: 1 Tumu Prasad, S/o. Sriramulu, Resident of Mellamarru, Hamlet of Peda Kallepalli (Gram Panchayat), Mopi Devi Mandal, Krishna District. 2 Tumu Kantha Rao, S/o. Krishna Murthy, Resident of Mellamarru, Hamlet of Peda Kallepalli (Gram Panchayat), Mopi Devi Mandal, Krishna District. 3 Bathula Venkaiah, S/o. Swameru, Resident of Mellamarru, Hamlet of Peda Kallepalli (Gram Panchayat), Mopi Devi Mandal, Krishna District. 4 Kaila Venkateswara Rao, S/o. Swameru, Resident of Mellamarru, Hamlet of Peda Kallepalli (Gram Panchayat), Mopi Devi Mandal, Krishna District. ..... PETITIONERS AND 1 The Tahsildar (Mandal Revenue Officer), Mopidevi Mandal, Krishna District. 2 The Revenue Divisional Officer, Bandar, Machilipatnam, Krishna District. 3 The District Collector, at Machilipatnam, 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 issue a writ, order or direction, more particularly one in the nature of Writ of mandamus declaring the action of the respondents in interfering with the possession of the properties in RS No. 472 situated at Mellamarru Village, Hamlet of Peddakallepalli, (Gram Panchayat) Krishna District belonging to the petitioners without due process of law is wholly illegal, arbitrary and violative of Articles 14, 21 and 300-A of the constitution of India and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.RAVI KONDAVEETI Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Petitioners submit that the first petitioner succeeded to an extent of 8 cents, second petitioner succeeded to an extent of 14 ½ cents and third and fourth petitioners are in possession of an extent of 20 cents of land each, all situated in Sy.No.472 of Mellamarru Village, H/o. Peddakallepalli (Gram Panchayat), Krishna District and thus they submit that they are in possession of total extent of 62 ½ cents. Petitioners further submit that the first respondent is attempting to interfere with their possession without following due process of law. 2. The first respondent filed a counter stating that an extent of Ac.5.80 cents in Sy.No.472 is classified as “Gram Kantam Poramboke” and out of the total extent, an extent of only 1 acre vacant land has been selected for grant of house sites to the beneficiaries and it is not proposed to interfere in any of the encroachers in the land. 3. I am not inclined to express any opinion with regard to the right, title and interest of the petitioners and as to whether the said land is patta land or Government land. If it is a Government land, it is always open for the Government to initiate action under the Andhra Pradesh Land Encroachment Act. However, without following due process of law, the petitioners cannot be dispossessed from their respective lands said to be in their possession. 4. Having regard to the facts and circumstances of the case, the first respondent is directed not to interfere with the possession of the petitioners in their respective lands, if they are in possession, without following due process of law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 19, 2008 Note: Furnish C.C. of the order in one week. (B/o) DSK To 1 The Tahsildar (Mandal Revenue Officer), Mopidevi Mandal, Krishna District. 2 The Revenue Divisional Officer, Bandar, Machilipatnam, Krishna District. 3 The District Collector, at Machilipatnam, Krishna District. 4 2CCs to the G.P. for Revenue. 5 2CD copies