( 1 ) THE petitioner herein claimed to be the absolute owner and possessor of the land bearing Survey No. 1253 to an extent of ac. 0-09 guntas situated at Metpally, karimnagar District files this writ petition seeking a Writ of Mandamus declaring the action of the respondent No. 1 in initiating proceedings by issuance of notice in File no. B/1720/2001 dated 28-12-2001 as illegal and to set aside the same.

( 2 ) THE petitioner submits that the said property was purchased by his mother viz. , smt. B. Satyamma on 17-8-1957 under a simple sale deed from its original owner and since then she has been in possession and enjoyment. However, she died on 4-2-1998 and thereafter the petitioner continues to remain in possession and enjoyment. In the year 1995 itself, the respondents have issued the pattadar pass book in favour of the mother after holding a regular enquiry and later on, a sale certificate was issued on 24-3-1995. However, since the respondent no. 2 has encroached to an extent of 90 square yards into the said land, the petitioner had filed a suit in O. S. No. 12 of 2001 on the file of Junior Civil Judge, metpally for declaration of title, recovery of possession