THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.25167 of 2010 ORDER: The relief sought for in this Writ Petition is to declare the action of the respondents 1 to 3, in seeking to dispossess the petitioner from an extent of Ac.43-47 cents of land comprised in Sy.Nos.824, 826, 827B, 850, 851, 864, 869B, 879B, 843A, 889C, 884, 902, 905 and 914 of Iskapally village, Allur Mandal, Sri Potti Sreeramulu Nellore District, as arbitrary and illegal. In the affidavit filed in support of the Writ Petition the petitioner would assert that the 2nd respondent had conducted personal inspection along with the surveyor; respondents 1 and 2 had deployed an excavator to remove the tree growth in the land for demarcating the boundaries of an extent of Ac.43-47 cents, from out of about Ac.400-00, to put the 4th respondent in possession; and, when the highhanded excavation commenced, their watchman had obstructed the same, and had lodged a complaint with the police. In the counter affidavit now filed on behalf of the respondents 1 to 3 it is stated that the subject land is under the possession of the petitioner, and the same land was claimed by the 4th respondent; respondents 1 to 3 never tried to dispossess the petitioner – company from the said land; and it is only as part of an enquiry that the petitioner was asked to produce documentary evidence. Since respondents 1 to 3 would deny having interfered with the petitioners’ possession, or to have initiated action for their eviction from the land in question and as they admit that the petitioner is in possession of the subject land, I see no reason to keep the Writ Petition pending on the file of this Court, since all that is sought for in this Writ Petition is to declare the action of respondents 1 to 3 in seeking to dispossess the petitioner from the subject lands as arbitrary and illegal. As it is the case of the respondents that these lands are not Government lands, and they are not interfering with the petitioners’ possession thereof, it would suffice if the averments in the counter affidavit are taken on record and the Writ Petition is dismissed. The Writ Petition is, accordingly, dismissed. No costs. ___________ 22-11-2011 asp