IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12937 of 2008 BETWEEN M/s. Sri Srinivasa Sago Factory. ... PETITIONER AND The Mandal Parishad, rep. By Mandal Parishad Development Officer, Samalkot, East Godavari District and two others. ...RESPONDENTS Counsel for the Petitioner: MR. N. SIVA REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ MR. G. ELISHA The Court made the following order: ORDER: Petitioner – Sago factory – seeks a direction, in this writ petition, by way of Mandamus to declare the action of the respondents and their subordinates in trying to dispossess the petitioner from the land admeasuring Ac.0.05 cents towards South-West corner in Sy.No.288/4 situated at G. Medapadu village, Samalkot Mandal, East Godavari, as illegal and arbitrary. 2. It is the case of the petitioner that it owns a land admeasuring Ac.0.63 cents in Sy.No.288/4 and out of the said land; an extent of Ac.0.05 cents was donated to the Mandal Parishad Primary School in the year 1960. The grievance of the petitioner is that on the allegation that the petitioner has encroached into the land of the school the respondents are trying to dispossess the petitioner without following due process of law. 3. In the counter affidavit filed by the Mandal Education Officer, it is admitted that an extent of Ac.0.05 cents of land was donated to school but it is stated that the petitioner had encroached upon the said land. It is further stated that so far no action has been initiated by the Tahsildar and the encroachment will be removed by following due process of law. It is further stated that apprehending that proceedings would be initiated to remove the encroachment, the petitioner has filed this writ petition. 4. Although it is the case of the petitioner that the aforesaid land is part of their own land, in the counter it is stated that the petitioner has encroached upon the said land belonging to the school. As much as no proceedings are initiated as on today, it appears that the writ petition is filed only on apprehension. However, as it is stated that the encroachment will be removed by following due process of law, I deem it appropriate to place on record the said statement made in the counter. In that view of the matter, the writ petition is disposed of. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J August 8, 2011 DSK