IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26092 of 2008 Between: 1 Chapala Vasudeva Reddy S/o. Sing Reddy R/o. Thorrur Village, Thorrur Revenue Mandal, Warnagal District. 2 Chapala Poolamma W/o. Ramachandra Reddy R/o. Thorrur Village, Thorrur Revenue Mandal, Warnagal District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its District Collector, Warangal, Warangal District. 2 The Tahsildar, Mandal Revenue Office Thorrur Mandal, Thorrur , Warangal District. 3 The Revenue Divisional Officer, Mahabubabad, Warangal District. 4 The Assistant Director of Survey and Land Records Warangal, Warangal 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 will be pleased to to issue a writ order or direction, more particularly one in the nature of Writ of MANDAMUS declaring the action fo the respondents in interfering with the peaceful possession of the petitioners of the land admeasuring 34 Gts in Sy.No. 3 of Thorrur Village, Thorrur Mandal Warangal District, without following due process of law under Land Acquisition Act 1894 or any other revenue laws in force as bad in law and violative of Article 300A of constitution of India and consequently restrain the respondents from interfering with the peaceful possession of the petitioners in Sy.No. 3 of Thorrur Village and Mandal, Warangal District to an extent of 34 Gts, in the interest of justice and pass Counsel for the Petitioner:MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26092 of 2008 ORDER: The two petitioners are residents of Thorrur Village and Mandal, Warangal District. They are statedly owners of land admeasuring Ac.0.34 gts in survey No.3 in said Village. They have purchased the same under registered sale deed bearing document No.287 of 1973 from one Bakka Ellaiah and others. They also allege that they are in possession of the property. The land is statedly located in the central place. The petitioners also obtained necessary permission and constructed houses over an extent of Ac.0.24 gts leaving vacant land to an extent of Ac.0.10 gts for the purpose of kitchen garden. They allege that two weeks prior to filing of the writ petition, local MLA along with supporters of M.R.P.S. surveyed the land. Local MLA bent upon taking the land for allotting the same as house site pattas. The petitioners allegedly gave a representation and in spite of the same without due process of law at the behest of MLA they are being dispossessed. After hearing learned counsel for the petitioners and learned Assistant Government Pleader for Revenue (Telangana Area), this Court is of the considered opinion that the writ petition as laid is not maintainable. The reasons are as follows. As per Rule 6 (a) (1) of the Writ Proceedings Rules, 1977, of Andhra Pradesh High Court, a person filing a writ petition is required to file all the documents in support of the various allegations in the affidavit. Though petitioners allege that they purchased the property, no material is placed before this Court. Secondly entire allegations in the writ petition are against the supporters of M.R.P.S. and local MLA. There is not even an iota of evidence against Tahsildar alleging that Tahsildar is trying to dispossess the petitioners. In this background, this Court is not able to entertain the writ petition. If so aggrieved/advised, the petitioners may approach the District Collector for necessary redressal. This Court also observes that if petitioners are really owners, they cannot be deprived of their rights unless until due process of law is followed. With the above observations, the writ petition is dismissed. No costs. _____________ (V.V.S.RAO, J) 28th November, 2008 Note: Issue CC today. (B/o) GHN To 1 The Government of Andhra Pradesh, Rep. by its District Collector, Warangal, Warangal District. 2 The Tahsildar, Mandal Revenue Office Thorrur Mandal, Thorrur , Warangal District. 3 The Revenue Divisional Officer, Mahabubabad, Warangal District. 4 The Assistant Director of Survey and Land Records Warangal, Warangal District. 5 2CCs to GP for Revenue 6 2CD copies Form-NIC-OGS/WP{VSMI}