IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 4020 of 2005 Between: Syed Mohammed Yousuf, S/o. Late Kasim Saheb, R/o. Vontimitta (V &M), Kadapa District, ..... PETITIONER AND 1 District Collector, Kadapa District at Kadapa. 2 Revenue Divisional Officer, Ramajpeta, Kadapa District 3 Mandal Revenue Officer, Vontimitta (M), Kadapa District .....RESPONDENT(S) 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 actionof the respondents in contemplating to evict the petitioner from his site and building property situated in Sy.No. 1500/A/1B of Vontimitta Village, Kadapa District without acquiring the same and paying compensation by following due process of law is illegal, irregular, arbitrary and violative of principles of natural justice and offends Art. 14, 21 and 300A of the Constitutuion of India and consequently direct the respondents not to dispossess him from the said property and pass such other order or orders Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No.4020 of 2005 04-02-2009 Oral Order: The writ petition is filed alleging that the respondents are contemplating to evict the petitioner from her site and building thereon in survey No.1500/A/1B of Vontimitta village, Kadapa District. The 3rd respondent has filed a counter affidavit stating that on inspection by the revenue officials of the land adjacent to Kodanda Ramaswamy Temple, encroachments in an extent of Ac.0-17 cents in survey No. 1531/1 and Ac.0- 05 cents of assigned house site pattas in survey No. 1500/A/1B3 were found. The land in survey No.1500/A/1B is classified as village site porambok while the land in survey No. 1531/1 is classified as tankbund poramboke. The land in question was assigned in favour of Syed Kashim Saheb, the father of the original petitioner for the purpose of a house site in 1979. The father was approached by the revenue authorities proposing allotment of alternative land in lieu of this property since the Tourism Department wanted the land for creating facilities to the temple pilgrims in this site. Negotiations ensued. The petitioner’s father however did not respond positively. The 3rd respondent denies any attempt to evict the petitioner without following the due process of law. As and when the property is proposed to be resumed to the Government, the due process will be followed, is the averment in the counter. In the circumstances stated and in the context of a denial in the counter affidavit, of the petitioner’s allegation that the respondents seek to evict the petitioner without following the due process of law, no relief need be granted. In any circumstances, if the petitioner apprehends any illegal dispossession by the respondents, the petitioner is at liberty to approach the civil court of competent jurisdiction for injunctive or other appropriate relief. With this observation, the writ petition is dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 04-02-2009 Pvks