IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 6973 of 2008 Between: 1 Kumba Nagaiah S/o. Rosaiah R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 2 Kumba Koteswararao S/o. Nagaih R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 3 Kumba Ramulu S/o. Nagaih R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 4 Atchi Nageswararao S/o. Nagabushanam R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 5 Atchi Nagabushanam S/o. R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 6 Gaddipati Satyanarayana S/o. Suryanarayana R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 7 Pallapu Pottaiah S/o. Kistaiah R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 8 Yalavarthipati Nageswararao S/o. Krishna rao R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 9 S.Suvali S/o. Ramojinaik R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 10 Atchi Bulliiah S/o. Ankamma R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 11 Atchi China NAgaiah S/o. Atchiiah R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 12 Atchi Venkateswalu S/o. Bulliiah R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 13 Pallpu Edukondalu S/o. Nagabushanam R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 14 Pallpu Guraiah S/o. Nagabushanam R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 15 Dandagiri Ademma W/o. Venkateswarlu R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 16 Pallpu Venkatapati S/o. Pottiiah R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 17 Yalavarthipati Koteswarao S/o. Raghavaiah R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 18 Yalavarthipati Ramarao S/o. Koteswararao R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 19 Nandam China Narasimharao S/o. Venkateswarlu R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 20 Penumatsa Venkata Narasaiah S/o. Hanumantharao R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 21 Kamepalli Krishna S/o. VEnkatrao R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 22 Kamepalli Satyanarayana S/o. Venkatarao R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. 23 Yalavarthipati Krishna S/o. Raghavaiah R/o. Mandepudi Village, Amaravathi Mandal, Guntur Dist. ..... PETITIONERS AND 1 Mandepudi Gram Panchayat, Rep. by its Panchayat Secreatary, Mandepudi Village, Amaravathi Mandal, Guntur Dist. 2 The Dist Panchayat Officer, Guntur Dist, Guntur. 3 The District Collector, Guntur Dist, Guntur, Guntur Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents in interfering with the possession and enjoyment of the house of the petitioners situated at Sy.No.342/1A and 342/1B of Mandepudi Grampanchayat, Amaravathi Mandal, Guntur Dist. petitioners as ilegal, arbitrary, unjustified and inn violation of articles 21 & 300-A of Constitution of India and consequently direct the respondents to follow the due process of law by giving an opportunity of personal hearing and not to demolish or dispossess the petitioners from their houses and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner: MR.G.L.NAGESWAR RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 6973 of 2008 O R D E R: This writ petition is filed seeking a declaration that the alleged action of the respondents in interfering with the possession and enjoyment of the houses of the petitioners situated in Sy.Nos.342/1A and 342/1B of Mandepudi Gram Panchayat, Amaravathi Mandal, Guntur District is arbitrary and illegal. The petitioners claim that they were granted pattas by the Government in respect of small extents of land situated in Sy.Nos.342/1A and 342/1B in the year 1989 and having constructed their residential houses, they have been residing therein. Thus, it is contended that the action of the respondents seeking to dispossess them is arbitrary and illegal. On the other hand, in the counter affidavit filed on behalf of the first respondent, it is stated that as per the Revenue Records, the land in Sy.No.342/1A has been classified as burial ground and Sy.No.342/1B is shown as Gramakantham. It is further stated that though the petitioners are having house site pattas in the land in Sy.No.342/1B, they have encroached into the burial ground and constructed thatched houses unauthorisedly. In the circumstances, a notice dated 28-03-2008 was issued by the first respondent calling upon them to produce the documents, if any, to show their title within 7 days, failing which the constructions would be removed. However, instead of submitting their title deeds as required under the notice dated 28-03-2008, which was issued in terms of Sections 103 and 104 of Panchayat Raj Act, the petitioners had approached this Court with all false allegations. Hence, the writ petition is premature and liable to be dismissed. This Court, while issuing notice to the respondents, by order dated 31-03-2008, directed that status quo obtaining as on that date shall be maintained. I have heard the learned counsel for the petitioners as well as the learned counsel for the respondents. A perusal of the notice dated 28-03-2008 issued by the first respondent makes it clear that the petitioners were only asked to produce the title deeds, if any, relating to their residential houses situated in Sy.No.342/1A. Hence, the allegation of the petitioners that the respondents were interfering with the possession of the houses of the petitioners’ appears to be unfounded. At any rate, the rival claims made by the parties require proper enquiry on the basis of the title deeds that may be produced by the petitioners and in the meanwhile it would be appropriate to protect the possession of the petitioners. In the circumstances, without expressing any opinion on merits, the writ petition is disposed of granting liberty to the petitioners to produce the documents/title deeds relating to the residential houses situated in Sy.No.342/1A within a period of two weeks from today. On such production, the respondents shall consider them and after conducting necessary enquiry, pass appropriate orders in accordance with law. Till such time, status quo as ordered by this Court on 31-03- 2008 shall continue. No costs. ______________ G. ROHINI,J Date: 17-06-2008 KLP