5. It is evident that 10 years have passed since the said writ petitions have been filed and even before that the petitioners were removed along with the structures from the said land and the land now is in possession of the Vijayawada Municipal Corporation. Since the petitioners only claim that they are possessors, obviously, none of the petitioners set up any title in themselves as owners or otherwise of the said property. Their possession either as alleged lessees or encroachers ceased even before the writ petitions were entertained by this Court. In normal course, therefore, the remedy of the petitioners, if any, is to approach a competent civil Court, if they wish to make any claim asserting right in the property and to seek damages, if any. Several disputed questions with regard to the claim of the petitioners over the said property would arise for consideration in such event, which cannot be satisfactorily adjudicated under the jurisdiction of this Court under Article 226 of the Constitution of India. It is also apparent that the petitioners were proceeded against after giving notice and as such, it cannot be said that due process of law has not been followed and in any case, in view of the petitioners having already been evicted and the structures already removed even before this Court entertained the writ petitions, I am of the view that no relief can be granted to the petitioners.
