THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21486 of 2009 & C.C.No.1445 of 2009 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the third respondent in issuing notice in Form No.1 dated 20.2.2009 as arbitrary, illegal, contrary to law, unjust, violative of principles of natural justice and Article 300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioner’s peaceful possession and enjoyment over the property situated in Sy.No.149/2 and 149/3 in 180 sq.yards and 67 1/3 sq.yards of Piler village and mandal, Chittoor district. According to the petitioner, he is an agriculturist and working as Village Administrative Officer. He purchased an extent of 180 sq.yards (3 cents) in his wife’s name through registered document No.308/79 from one P.Sundaram S/o P.Swami Das, Chairman, Board of Trustees, SALC, West Mission Compound, Tirupati for a valid consideration and since then he has been in possession and enjoyment of the property. While that being so, the impugned notice has been issued stating that the petitioner has occupied the Government land and constructed house. Therefore, he was directed to appear in person on 5.3.2009 before the third respondent at 11.00 a.m. along with records. Hence this writ petition. According to the respondents, the property in question is an evacuee property stands in the name of one Shaik Jaffer Saheb in respect of Sy.No.149/2 as per 10(1) Adangal and patta No.306. The said person left the country and the property stood in possession of the Government. There is no necessity of going into all the details. The learned Government Pleader appearing for respondents, on instructions, fairly conceded that the respondents are intending to initiate proceedings under Andhra Pradesh Escheats and Bona Vacantia Act, 1974 for recovery of possession of property from the petitioner. In view of the above, I am of the opinion that the impugned notice is liable to be set aside. This Court, while admitting the writ petition on 7.10.2009, directed the parties to maintain status quo as on 7.10.2009 as to the possession of the property. According to the petitioner, in spite of the said directions, the respondents have seized the property. Therefore, he constrained to file Contempt Case No.1445 of 2009 against the respondents for violating the orders of this Court. For the foregoing reasons, the writ petition is allowed and the impugned notice is set aside. Further, the action of the respondents in seizing the property of the petitioner stands declared as arbitrary and illegal and the respondents shall not interfere with the peaceful possession and enjoyment of the petitioner’s property. No order as to costs. C.C.No.1445 of 2009 In view of the statement made by the learned Government Pleader, as noticed above, the contempt case is also closed. No order as to costs. _____________ C.V.RAMULU, J Date: 17.12.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21486 of 2009 & C.C.No.1445 of 2009 17.12.2009 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21486 of 2009 & C.C.No.1445 of 2009 Date: 17th December, 2009 Between: G.Chandrasekhar Reddy @ G.P.Chandrasekhar Reddy .. Petitioner And The District Collector, Chittoor district & others. .. Respondents