IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3531 of 2008 Between: Repaka Veera venkata Krishna Rao, S/o.Nagabhushuna Rao, R/o.Jeelugumilli (M) W.G.Dist., ..... PETITIONER AND 1 The Tahsildar, Jeelugumilli (M) Mandal, W.G.Dist., 2 The Village Secretary, Jeelugumilli Gram Panchayat, W.G.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 may be pleased to issue a order or direction in the nature of writ of mandamus declaring the action of the respondents without following due process of law making attempts to evict the petitioner and his brothers for the land of Ac 0.60 cents in R.S.No. 96/1 including Tatched huts and one tobacco barren shed there in situated at Jeelugumilli Village of W.G.Dist., is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to interfere with the possession and enjoyment of the land of the petitioner and to pass such other orders. Counsel for the Petitioner: MR.NARAM.NAGESWARA RAO Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent No.2: Mr.B.PRABHAKAR RAO The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3531 of 2008 ORDER: It is the case of the petitioner that he and his brothers namely Venkata Krishna Rao, Venkata Ramana Rao, Venkata Satya Gopala Rao, Venkata Satya Muralidhara Rao and Satya Veera Venkata Goverdhan Rao are the owners and possessors of the land admeasuring Ac.0-60 cents in R.S.No.96/1 situated at Jeelugumilli Village and Mandal, West Godavari District, having acquired through their ancestors and they are in continuous possession and enjoyment of the same. While so, when there was an attempt to dispossess the petitioner and his brothers from the land in question, the petitioner made representations, dated 05-12-2007 and 05-01- 2008 before the 1st respondent, not to allot the said land in favour of third parties for the purpose of allotting house sites. I am of the opinion that even assuming that the said land is a Government land or assigned land, unless the possessors are dispossessed by following due process of law, the said land cannot be utilized for any other purpose. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to consider and dispose of the representations of the petitioner, dated 05-12-2007 and 05-01-2008, if not already disposed of. Until the said representations are disposed of, status- quo obtaining as on today with regard to possession shall be maintained. There shall be no order as to costs. ___________ 21-02-2008 Note: Issue C.C. in one week (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}