IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 3158 of 2005 Between: 1 Edarada Gangaraju, S/o Late Subba Rao, 2 Edarada Chinnayya, S/o Gangaraju, 3 Kommoju Venkata Lakshmi, W/o Suryanarayana, 4 Edarada Lalitha, S/o Late Gangaraju, 5 Dwarapudi Rama Rao, S/o Katanna, (All the Petitioners are residents of 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. 114/1, 114/2, 114/3 and 135/1 to an extent of Ac. 8.73 cents of Gangampalem village, Hamlet of Tirumalaipalem , Gokavram Mandalam, 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 lands and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.BADANA.BHASKARA RAO Counsel for the Respondents: 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 situated in Sy.No.114/1, Ac.0.82 cents, Sy.No.114/2, Ac.0.85 cents and Sy.No.135/1, Ac.1.15 cents of Gangampalem Village, Hamlet of 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 the 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 lands in question without following due process of law. The writ petition is accordingly disposed of. No order as to costs. ____________ G. ROHINI, J Dated: 03-03-2005 Note: Furnish C.C. in three days. B/o. LSK ASSISTANT REGISTRAR To 1 The District Collector, E.G.District, Kakinada. 2 The Mandal Revenue Officer, Gokavaram Mandal, Gokavaram, E.G.District. 3 Two C.Cs. to the G.P. for Revenue, High Court Buildings, Hyderabad. (O.U.T.) 4 Two C.D. copies.