IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20913 of 2007 Between: 1 Matta Rama Swamy, S/o. Pullaiah, R/o. H.No. 8-4, Marinpadu, Mandapeta, East Godavari District 2 Mangamuri Surya Rao, S/o. Venkanna, R/o. H.No. 8-5, Marinpadu, Mandapeta, East Godavari District 3 Bonagiri Venkata Rao, S/o. Ganneyya, R/o. H.No. 8-1, Marinpadu, Mandapeta, East Godavari District 4 Pompana Bullaiah, S/o. Satyam, R/o. H.No.8-19, Marinpadu, Mandapeta, East Godavari District 5 Bojja Adinarayana, S/o. Subbanna, R/o.H.No.1-80/3,Marinpadu, Mandapeta, East Godavari District ..... PETITIONERS AND Gram Panchayat, Marinpadu, Mandapeta Mandal, East Godavari District, Rep. by its Secretary. .....RESPONDENT 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 Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in taking steps to interfere with the peaceful possession and enjoyment of the property of the Petitioners from the respective piece of property in D.No. 8-4, H.No. 8-5, H.No. 8-1, H.No. 8-19, and H.No. 1-80/3, 0.03 cents in Sy.No. 21/5 of Marinpadu Village, Mandapeta Mandal, East Godavari District without recourse to Law as illegal, arbitrary and violative of Fundamental Rights Guaranteed under Constitution of India consequently directing the respondents not to dispossess the petitioners from their respective properties or middle wit the properties in any manner and pass orders and pass any 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.T.V.S.PRABHAKARA RAO Counsel for the Respondent: MR.M.PRAKASA RAO The Court made the following : ORDER: The petitioners state that the Gram Panchayat, Marinpadu, is trying to interfere with their possession over the properties mentioned in the Writ Petition. It is stated that neither any notice was issued, nor any adjudication has taken place, as to the rights of the Gram Panchayat vis-à-vis the property. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent. The petitioners assert that the properties mentioned in the Writ Petition are owned by them, since a very long time. In case the Gram Panchayat had claim vis-à-vis the said properties, it has to issue notice as required under the provisions of the Andhra Pradesh Panchayat Raj Act and the Rules made thereunder and cannot take any unilateral action. Hence, the Writ Petition is disposed of, directing that the respondent shall not interfere with the possession of the petitioners over their properties, without issuing any notice or without initiating proceedings in accordance with law. There shall be no order as to costs. ____________________ Dt.29.10.2008 L.NARASIMHA REDDY, J GJ