IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3401 of 2008 Between: 1 Chennappagari Chakrapani S/o. Rajaiah, 2 Chennappagari Ravi S/o. Rajaiah, both are hindus occ. cultivation, R/o. Rayapedu Village, Olluru Post, KVB Puram Mandal, Chittoor District. ..... PETITIONERS AND 1 The District Collector (Assignments), Chittoor, Chittoor Dist. 2 The Revenue Divisional Officer, Tirupathi, Chittoor Dist. 3 The Thasildar, KVB Puram Mandal, Chittoor Dist. .....RESPONDENTS 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 a writ, order or direction more particularly one in the nature of writ of Mandamus, declare the action of the respondents without initiating land acquisition proceedings by acquiring petitioner's agricultural land for non agricultural purpose in S.No.331/3 for an extent of Ac.2.89 cents and in S.No.329/9 for an extent of Ac.1.78 cents situated at Kallathur Revenue Accounts, KVB Puram Mandal, Chittoor District for issuance of house sites under Indiramma Gruhanirmana Scheme amounts to erroneous, arbitrary and violative of Art. 14,21 and 300 (A) of Constitution of India besides being violative of Principles of natural justice and consequently direct the respondents not to resume the lands of the petitioners. Counsel for the Petitioner:MR.T.C.KRISHNAN Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Assignment appearing for the respondents. 2. It is the case of the petitioners that their father namely Rajaiah was assigned an extent of Ac.3.67 cents in Sy.No.331/2 situated at Kallathur village, KVB Puram mandal, Chittoor District vide DKT/8/4/89 dated 10-04-1980 and DKT/176/4/95 dated 09-01-1982. It is stated that after the death of their father in 1994 petitioners have succeeded the said property and both of them are small farmers cultivating the said land and as the assigned lands are inheritable they have inherited the said land and they never violated the terms and conditions of the D-Form patta or the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 ( for brevity, ‘the Act’). 3. It is stated that the cultivable lands cannot be made use of for allotting the same for house sites, but however if the said lands are required for public purpose, unless the said lands are acquired by paying the compensation/Ex-gratia, the petitioners cannot be dispossessed. 4. Having regard to the facts and circumstances, respondents are directed not to dispossess the petitioners without following due process of law. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 19th February, 2008. Tsy To 1 The District Collector (Assignments), Chittoor, Chittoor Dist. 2 The Revenue Divisional Officer, Tirupathi, Chittoor Dist. 3 The Thasildar, KVB Puram Mandal, Chittoor Dist. 4. 2 CCs to the G P for Assignment 5. 2CD copies Form-NIC-OGS/WP{MSN}