THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.25643 of 1999 Between: Mushini Ramulu. .. PETITIONER and The Revenue Divisional Officer and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.25643 of 1999 ORDER: It is the case of the petitioners that the father of the original petitioner- Mushini Ramulu namely Mushini Veeranna was in possession and enjoyment of the land admeasuring Ac.0-17 cents in T.S.No.31/1A1 situated at Meadaline Village, Kakinada, East Godavari District, since 50 years and it was originally classified as “Uppukalava poramboke”. The said Veeranna made a representation before the revenue Authorities to regularize the said encroachment by issuing patta certificate on payment of market value. The District Collector, vide proceedings R.Dis.No.D2.20451/78, dated 16-11- 1978, converted the nature of the land from “Uppukalva poramboke” to the village poramboke and directed the Tahsildar, Kakinada, to issue patta certificate in respect of the said land after collecting market value. Accordingly, the Tahsildar, Kakinada, issued patta certificate in favour of the said Veeranna, vide proceedings No.Dis.C-1.4044/78, dated 14-12-1978, on payment of market value at the rate of Rs.3/- per sq. yard in respect of the land admeasuring Ac.0-17 cents for the purpose of construction of a house. It is stated that neither the original assignee nor his legal heirs never violated any terms and conditions of the patta certificate. Learned Government Pleader for Revenue appearing for the respondents submits that the allegation of the petitioners that their house and godown was dismantled by the respondents without following due process of law has been denied and it is stated that the respondents never dismantled the house or godown of the petitioners and in fact no proposals have been initiated for cancellation of the patta certificate so far. Thus, it is stated that the writ petition has been filed only on a mere apprehension. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the land in question by the legal heirs of Mushini Veeranna without following due process of law. There shall be no order as to costs. ___________ 06-02-2008 Prv