IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 23963 of 2001 Between: 1 Makkena Laxmi, W/o. Laxmaiah, R/o. Plot No.53 R/o. Near Surya Complex, Lorrylakunta, Prakasam Colony, Guntur Road, Ongole, Prakasam District. 2 Mangalagiri Yesudayamma, W/o. Krishnaiah, R/o. Plot No.50, R/o. Near Surya Complex, Lorrylakunta, Prakasam Colony, Guntur Road, Ongole, Prakasam District. 3 A.Srinivas, S/o. Late A.Laxmaiah, R/o. H.No.94-A, Azampura, Hyderabad. 4 A.Chandra Mohan, S/o. Late A/Laxmaiah, R/o. H.No.94-A, Azampura, Hyderabad. 5 A.Mahinder, S/o. Late A.Laxmaiah, R/o. H.No.94-A, Azampura, Hyderabad. 6 Smt A.Madhavi, D/o. Late A.Laxmaiah, R/o. H.No.94-A, Azampura, Hyderabad. ..... PETITIONERS AND 1 The District Collector, Rep. by its Joint Collector, Ongole, Prakasam District. 2 The Revenue Divisional Officer, Ongole, Prakasam District. 3 The Revenue Inspector, O/o. Mandal Revenue Officer, Ongole, Prakasam District. 4 Sathi Reddy, S/o. K.Ramachandra Reddy, R/o. Injapur Village, Hayathnagar Mandal, Ranga Reddy District. .....RESPONDENS 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 an appropriate Writ, order or direction more particularly , one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd and 4th Respondents in trying to dispossess the Petitioners from their lands in possession in an extent of 1 cent each in Sruvey Nos.116/1A1C and 90 of Ongole Village, Prakasam District without any authority or prior notice etc., as illegal, arbitrary and unconstitutional and consequently to direct all the Respondents not to dispossess the Petitioners from their respective lands to an extent of 1 cent each in Survey Nos.116/1A1C and 90 of Ongole Village, Prakasak District and pass Counsel for the Petitioner: MR.N.RAVI PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 23963 of 2001 O R D E R: The petitioners, who claim to be in possession and enjoyment of an extent of 1 cent of land each situated in Sy.No.116/1A and 1C and Sy.No.90 of Ongole village, Prakasam District filed this writ petition seeking a declaration that the action of the respondents in seeking to dispossess the petitioners is arbitrary and illegal. This Court, while directing Rule nisi, on 22-07-2002, granted interim directions not to dispossess the petitioners from the land in question and the same continued to be in operation all through. Despite notice, the respondents did not choose to file any counter. Having regard to the specific plea of the petitioners that they are in possession and enjoyment of the property in question, which remained un-rebutted in the absence of any counter affidavit by the respondents, without expressing any opinion as to the title of the petitioners in respect of the same, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in any manner whatsoever without following due process of law. No costs. ______________ G. ROHINI,J Date: 21-11-2008 KLP