VEERUNURI SUVARNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE five petitioners allege illegal and unauthorized conduct by the 3rd respondent "along with staff" in the matter of visiting the houses of the petitioners bearing H. Nos. 16-29/3/2, 16-29/3/5, 16-29/3/1, 16-29/3/4, 16-29/3/3, of balajinagar, Jawahamagar Grampanchayat, shameerpet Mandal, Ranga Reddy District, on 15. 6,2009 and threatening demolition of the houses without following the due process of law.

(2.) THE petitioners encroached government land and constructed houses about 15 years back. They have not applied for regularization of such illegal encroachments either. They allege that the 3rd respondent unauthorizedly and illegally is trying to dispossess them and demolish their houses without following the due process of law. They also seek regularization of their possession of the land which they have illegally encroached and constructed houses thereupon.

(3.) AS the petitioners have not applied to the State for regularization of their illegal occupation and for grant of pattas, no mandamus can be issued. Demand and refusal is the basis for mandamus. Insofar as the complaint of illegal and unofficial conduct of the 3rd respondent is concerned, the petitioners have plurality of remedies. They may exercise the right of private defence or they may complain of criminal trespass or any other cognizable conduct by any person or persons holding public office before the jurisdictional police or before the judicial Magistrate. They may also seek injunctive relief before a civil Court of competent jurisdiction and if they perceive imminent threat of demolition of their properties, they may also seek emergent injunctive relief by praying for dispensing with the mandatory notice under Section 80 C. P. C. Even if they are dispossessed, they may seek restoration of possession under the provisions of section 6 of the Specific Relief Act 1963.