HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.17347 of 2005 Date: December 10, 2009 Between: Nendrambaka Srinivasulu, S/o. Ramachary, Aged about 41 years, R/o. Vigneswarapuram, Dudalakaluva, Gudur, Nellore District, and 3 others. … Petitioners And The Municipal Commissioner, Gudur Municipality, Gudur, Nellore District, And another. … Respondents Order: Petitioners seek a Writ of Mandamus declaring the action of the respondents in taking steps to evict them from the land admeasuring Ac.0.12 cents covered by Sy.No.607 of Gudur town, as illegal and arbitrary. As stated in the affidavit filed in support of the writ petition, it is the case of the petitioners that they have constructed thatched houses in the aforesaid land. It is stated that they are landless poor persons and eking out livelihood by doing Blacksmith work in the said thatched houses. They seek relief on the ground that in view of the order dated 13-02-1998 passed by this court in W.P.No.4051 of 1998, they are entitled to continue in possession of the said land. W.P.No.4051 of 1998 is disposed of by this court with a direction to consider the revision petition filed by the petitioners afresh against the order dated 08-01-1988 dismissing the said revision petition. It is to be noted that the Commissioner, Gudur Municipality, the first respondent herein was not a party in the aforesaid writ petition. In the present writ petition, the first respondent, Commissioner, Gudur Municipality has filed a detailed counter affidavit. In the counter affidavit, while, generally, denying various allegations made by the petitioners, it is stated that the petitioners are not doing Blacksmith work in the site in question and the same is an open site which is part of Municipal Water Works by the side of pumping well of the overhead tank. The counter affidavit further states that there are motors, well and overhead tank in the premises in the site in question and the same is more useful for water supply scheme, for supply of water to Gudur town. It is further stated that the petitioners are land-grabbers and by encroaching the main road margin between RTC Bus Stand and Dudalakaluva, they are collecting rents from the shopkeepers. It is also stated that the petitioners are not landless poor persons and they own pucca houses in addition to the present encroachment. In the affidavit filed in support of the writ petition, except stating that petitioners are landless poor persons and are in possession of the site in question, it is neither stated in the affidavit nor submitted by the learned counsel for the petitioners as to how the petitioners have come into possession of the site in question. Though petitioners plead that they are landless poor persons doing Blacksmith works, but, the counter affidavit emphatically denies the said plea and the said plea is not correct in view of the details furnished in the counter affidavit with regard to the houses owned by the petitioners. Further, it is stated that the site in question belongs to the Municipality and in the adjoining area water-pumping equipment is installed for the purpose of providing water to Gudur town. In the circumstances, the petitioners are not entitled for any relief. The writ petition must fail and is accordingly dismissed. No order as to costs. ____________________ R. SUBHASH REDDY, J December 10, 2009 MRR