IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9918 of 2004 Between: Koganti Kausalya, w/o late Ramabrahman, r/o D.No.4-46-12, Vijayanagar Colony, G.K.Mansons, Visakhapatnam. ..... PETITIONER AND 1 The Government of Andhra Pradesh rep., by its Secretary, Department of Home, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police, Visakhapatnam, Visakhapatnam District. 3 The Station House Officer, Pendurti Village & Mandal, Visakhapatnam District. 4 The Mandal Revenue Officer, Pendurti Village & Mandal, Visakhapatnam District. .....RESPONDENT(S) 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 an appropriate writ more particularly one in the nature of writ of mandamus, declaring the action of the respondents in dispossessing the petitioner's land in Sy.No.124/2 of Pendurti Village an extent of Ac.1.30 cents without giving any notice or opportunity and without initiating proceedings under Land Acquisition Act is illegal, arbitrary and violative of Art.14, 21 and 300-A of Constitution of India apart being violative of principles of natural justice Counsel for the Petitioner:MR.T.LAKSHMI NARAYANA Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondents in dispossessing from her land in Sy.No.124/2 of Pendurthi village of an extent of Ac.1.30 cents without giving any notice or opportunity and without initiating any proceedings under A.P. Land Acquisition Act, as illegal and arbitrary. It is stated that the petitioner is one of the joint purchasers of the land in Sy.No.124/2 of Pendurthi village of an extent of Ac.1.30 cents under registered sale deed bearing No. 2374/1982, dated 15.03.1982 and from the date of its purchase, she is in peaceful possession and enjoyment of the same. While so, there was an attempt by the respondents to dispossess the petitioner from the said land without following due process of law. This Court while admitting the writ petition, by order dated 24.06.2004 in W.P.M.P.No.12622 of 2004 directed the 3rd respondent not to interfere with the petitioner’s possession of an extent of Ac.1.30 cents in Sy.No.124/2 of Pendurthi village, pending further orders. As no counter is filed, the third respondent cannot interfere with the peaceful possession and enjoyment of the petitioner without there being any requisition by the lawful owner or without any order of police aid. Having regard to the facts of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioner from her land without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:16.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}