THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11292 of 2008 ORDER: Although the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for the parties, the Writ Petition itself is taken up for hearing and being disposed of by this order. This Writ Petition is filed seeking a mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners over the land admeasuring Ac.1.20 guntas covered by Survey Nos.132 and 132/1 situated at Kismatpura Village, Rajendranagar Mandal, Ranga Reddy District, as illegal and arbitrary. It is the case of the petitioners that their paternal grandfather, by name, Sri Gazaffar Baig was the original owner of land admeasuring Acs.5.02 guntas situated at Himayathsagar Village, the then Hyderabad West Taluk, Hyderabad District and that the said land was taken over by the Government and that the petitioners were given alternative land admeasuring Acs.3.00 guntas covered by Survey No.132 of Kismatpura Village. It is also the case of the petitioners that Ac.1.20 guntas of land is a part of Acs.3.00 guntas, which was compensated to the petitioners in Kismatpura Village. In this Writ Petition, it is the grievance of the petitioners that though they are in possession of the land in question from the last more than five decades, the respondents are trying to dispossess them without following due process of law, and contrary to the directions issued by this Court in the earlier round of litigation. Counter-affidavit is filed by the third respondent - Revenue Divisional Officer, Chevella Division. In the counter-affidavit, while denying various allegations made by the petitioners, it is stated that the land in question belongs to the Government and the petitioners have occupied the same illegally. It is further stated that the first petitioner along with his brothers approached this Court by filing Writ Petition No.26121 of 2006 seeking directions for grant of assignment of the aforesaid piece of land, and the same was disposed of by order, dated 20.12.2006 observing that if the petitioners are in possession, they shall not be dispossessed without following due process of law. Further, liberty was given to the petitioners to approach the competent authority for assignment of the land. It is also stated that the competent authority while taking steps for eviction of the petitioners under the Andhra Pradesh Land Encroachment Act, 1905, this Writ Petition is filed and interim orders were obtained by the petitioners. The petitioners are claiming title over the land in question alleging that they were compensated with the land in question for the land, which they lost in Himayathsagar. The same is disputed by the respondents. Even according to the petitioners, they have already filed O.S.No.161 of 2006 in the Court of the learned II Additional District Judge, Ranga Reddy, for declaration of title. In view of the same, if they claim title, they can as well establish the same before the said Court. Further, as the petitioners’ possession is not in dispute and this Court has already observed in order, dated 20.12.2006 passed in Writ Petition No.26121 of 2006 that the petitioners are in possession and they shall not be dispossessed without following due process of law and as it is not in dispute that so far, no steps have been taken to dispossess the petitioners under the Andhra Pradesh Land Encroachment Act, 1905, I deem it appropriate to direct the respondents not to dispossess the petitioners from the land in question as otherwise than due process of law, as directed by this Court in order, dated 20.12.2006 in Writ Petition No.26121 of 2006. However, it is made clear that if the petitioners claim title over the land in question, as the suit has already been filed in the Court of II Additional District Judge, Ranga Reddy, it is for them to establish their claim independently. Subject to the above observations and directions, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 26th JULY, 2011. kvni