IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3474 of 2005 Between: 1 Yallapu Srinivasa Rao, S/o. Rama Rao, R/o. at Gangampalem Village, Hamlet of Tirumalaipalem, Gokavaram Mandal, East Godavari District. 2 Yallapu Pandavulu, W/o. Rama Rao, R/o. at Gangampalem Village, Hamlet of Tirumalaipalem, Gokavaram Mandal, East Godavari District. 3 Kanisetti Raghavamma, W/o. Markandeyulu, R/o. at Gangampalem Village, Hamlet of Tirumalaipalem, Gokavaram Mandal, East Godavari District. .....PETITIONERS AND 1 The District Collector, East Godavari District, Kakinada. 2 The Mandal Revenue Officer, Gokavaram Mandal, Gokavaram, East Godavari District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in resorting to evict the petitioners from the lands in Survey No. 115/2 to an extent of Ac. 1-30 cents, the 1st petitioner having land in Sy.No. 115/1 to an extent of Ac. 1-75 cents and the 3rd petitioner is having land in Sy.No. 115/2 to an extent of Ac. 1-00 cents, situated at Gangampalem Village, H/o. Tirumalaipalem, Gokavaram Mandal, East Godavari District, as highly illegal, arbitrary, unjust, violative of Article 300-A and Article 31- A(1) and Article 21 of the Constitution of India and in violation of the principles of natural justice and consequently direct the respondents not to evict the petitioners from the above land. Counsel for the Petitioners:MR.BADANA.BHASKARA RAO Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE The Court at the stage of admission made the following : ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents in resorting to evict the petitioners from the lands to an extent of Ac.1.30 cents in S.No.115/2, Ac.1.75 cents in S.No.115/1, and Ac.1.00 in S.No.115/2 situated at Gangampalem Village, H/o. Tirumalaipalem, Gokavaram Mandal, East Godavari District is arbitrary and illegal. The petitioners claim to be the owners and possessors of the said lands and it is alleged that the respondents have been interfering with their possession without following due process of law. Having regard to the assertions made by the petitioners and having heard learned counsel for the petitioners as well as learned Government Pleader for Revenue appearing for the respondents, without expressing any opinion as to the ownership claimed by the petitioners, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the land in question without following due process of law. No costs. _________ 25.02.2005 Note :Furnish C.C.by Monday. (B/O) sh To 1 The District Collector, East Godavari District, Kakinada. 2 The Mandal Revenue Officer, Gokavaram Mandal, Gokavaram, East Godavari District. 3 Two C.Cs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT). 4 2 CD copies