IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.13583 of 2002 Between: 1 K.Ramaiah, S/o.Bangaraiah, R/o.H.No.24/1012/3, Podalakur Road, Nellore Town, Nellore District. 2 Shaik Basha, S/o.Baba Shab, R/o.H.No.24/1012/4, Podalakur Road, Nellore Town, Nellore District. ..... PETITIONERS AND 1 The District Collector, Nellore, Nellore District. 2 The Mandal Revenue Officer, Nellore, Nellore District. 3 The Commissioner, Nellore Municipality, Nellore. 4 The Superintendent of Police, Nellore, Nellore District. 5 Nellore Club, Rep. by its President, Podalakur Road, Nellore District. 6 Jakka Gopalreddy, S/o.Kodandarmireddy, R/o.Nellore Club Layaout, Prasanthi Nagar, Podalakur Road, Nellore District. 7 Smt. K.R.Suseela, W/o.Sreenivasulu, R/o.24-1-/631/A, Ambetkar Nagar, Podalakur Road, Nellore, Nellore 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in resorting to evict the petitioners from their property in possession bearing H.Nos.24/1012/3 and 24/1012/4 situated at Podalakur Road, Nellore town, Nellore District high handedly without following the due process of law instead by using police force; as illegal, arbitrary, violative of the Articles 14, 16 and 21 of the Constitution of India. Counsel for the Petitioners:MR.R.V.CHALAPATHI Counsel for the Respondents: MR.SRINIVAS DAMMALAPATI The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.13583 of 2002 ORDER: Petitioners seek to issue a Writ of Mandamus to direct the respondents not to interfere with the peaceful possession and enjoyment of the property bearing House Nos.24/1012/3 and 24/1012/4 situated at Podalakur Road, Nellore Town and District. It is stated that in respect of the subject matter of the property, the petitioners filed civil suits and all the suits have been decreed and, therefore, unofficial respondents cannot interfere with their peaceful possession and enjoyment of the property. It is stated that the official respondents also have no authority or right to interfere with the peaceful possession and enjoyment of their property without following due process of law. Insofar as unofficial respondents are concerned, I am of the opinion that no Writ can be issued. Insofar as respondents 1 to 4 are concerned, they cannot directly or indirectly interfere with the peaceful possession and enjoyment of the petitioner’s property without following due process of law. Accordingly, the writ petition is dismissed against unofficial respondents 5 to 7 is concerned. The writ petition is disposed of insofar as respondents 1 to 4 is concerned directing them not to interfere with the peaceful possession and enjoyment of the petitioner’s property without following due process of law. There shall be no order as to cost. ___________ 18-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}