IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 7629 of 2007 Between: 1 Mr.Sangani Rajendra Prasad S/o.S.Seshagiri Rao R/o.H.No.8-20-22, Chavallivari street Gandhinagar,Kakinada, East Godavari District 2 Smt.Sangani Prabhavathi W/o.S.Seshagiri Rao R/o.H.No.8-20-22, Chavallivari street Gandhinagar,Kakinada, East Godavari District ..... PETITIONERS AND 1 The Superintending Engineer, Irrigation circle Dhavaleshwaram at Dhavaleshwaram, East Godavari District 2 The Executive Engineer, Drainage Division Pragathi Bhavan, Kakinada, East Godavari District. 3 The District Collector, East Godavari District at Kakinada 4 The Joint Collector, East Godavari District at Kakinada 5 The Revenue Divisional officer, Kakinada East godavari District 6 The Tahsildar, Kajiluru Mandal, East Godavari District (R3 to R6 are formal parties) .....RESPONDENTS 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 or direction preferably writ of mandamus declaring the action of the respondents and their subordinates in taking steeps to dispossess the petitioners from their land total admeasuring Ac.10.25 cents in SY.No.312/2 situated at Seela (V),Kajuluru(M) East Godavari District without issuing any notice and without initiating any proceedings as illegal, arbitrary, violative of principles of natural justice and violative of Art.300-A of constitution of India and consequently direct the respondents and their subordinates not to dispossess the petitioners from the said land and pass such other orders. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO :7629 of 2007 ORDER: The writ petition is filed alleging that without passing any final orders under the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’), the respondents are interfering with the petitioners’ possession and enjoyment of the land in an extent of Acs. 10.25 cents in Survey No. 312/2 situated at Seela Village, Kajuluru Mandal, East Godavari District. The first petitioner claims to have purchased an extent of Acs. 3.25 cents through registered sale deed dated 12.11.1997 from the owner M. Venkateswarlu and that the second petitioner who is his mother purchased 4.00 acres from the same vendor through registered sale deed on the same date, of which, she sold away 2.00 acres, retaining the other two. According to the petitioners, the Mandal Revenue Officer issued a notice on 3.3.2007 under Section 7 of the Act. In the circumstances, the petitioners withdrew the writ petition No. 4408 of 2007 filed by them against the revenue officials alleging unlawful interference with their properties. The present writ petition is filed alleging that without passing any final orders under the provisions of the Act, the respondents are again interfering with the possession and enjoyment of the petitioners. The Executive Engineer, Drainage Division, Kakinada has filed a counter affidavit. To the extent relevant and material, the counter asserts that the Mandal Revenue Officer, Kajuluru Mandal had passed a final order on 28.5.2007 and communicated the same to all the parties including the petitioners declaring them to be encroachers and ordering their eviction. In the light of the above averments in the counter affidavit, which are un-controverted, the grievance of the petitioners has no basis. The writ petition is also not maintainable as the petitioners have merely impleaded the Superintending Engineer, Irrigation Circle, Dhavaleshwaram; the Executive Engineer, Drainage Division, Pragathi Bhavan, Kakinada, East Godavari District; the District Collector, East Godavari District at Kakinada; the Joint Collector, East Godavari District; the Revenue Divisional Officer, Kakinada, East Godavari District and the Tahsildar, Kajuluru Mandal, East Godavari District, Respondents 1 to 6. Neither the State nor an instrumentality of the State is a party to this writ petition. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM,J DATE: 23rd June, 2008 pnb To 1 The Superintending Engineer, Irrigation circle Dhavaleshwaram at Dhavaleshwaram, East Godavari District 2 The Executive Engineer, Drainage Divison Pragathi Bhavan, Kakinada, East Godavari District. 3 The District Collector, East Godavari District at Kakinada 4 The Joint Collector, East Godavari District at Kakinada 5 The Revenue Divisional officer, Kakinada East godavari District 6 The Tahsildar, Kajiluru Mandal, East Godavari District 7 2 CCs to G.P. for Irrigation, High Court Buildings, Hyderabad. 8 2CD copies ..... REGISTRAR // TRUE COPY // SECTION OFFICER