THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9796 of 2002 DATED 15.10.2009 BETWEEN: Gadamala John Prabhudas And another … Petitioners AND The Government of Andhra Pradesh, Rep.by its Secretary, Revenue Department, Secretariat, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9796 of 2002 ORDER: First petitioner was assigned land admeasuring Acs.2.00 cents in survey No.170/1 of Sunkapuru village of Kotauratla Mandal in Visakhapatnam District by way of D-form patta, dated 14.08.1970. Husband of second petitioner was assigned similar extent of land in 1970. They allege that in April, 2002, officials of Revenue Department came to the land and proclaimed that they would dispossess petitioners. Therefore, they field writ petition seeking appropriate writ or direction. Petitioners moved the matter by way of house motion on 28.05.2002. In W.P.M.P.No.12058 of 2002, this Court passed the following order. Prima facie it is evident from ‘D’ form patta dated 14.08.1970 that the first petitioner and husband of the second petitioner were assigned the land in question on account of their being ex- servicemen. If the Government intends to resume the same on any ground, they can do so after following the procedure prescribed in law. Howsoever justifiable the need of the Government may be, the petitioners cannot be evicted without following the procedure prescribed by law that too 32 years after they were assigned the land. In the circumstances, the petitioners shall not be evicted from the land in question till 15.06.2002 pending further orders. Though the writ petition was admitted on 28.05.2002, counter affidavit is not filed traversing petition averments. Therefore, instead of keeping the writ petition pending, applying the principles of non-traverse, the writ petition is disposed of in terms of the interim order passed by this Court extracted hereinabove. The writ petition is accordingly disposed of. No costs. _______________ (V.V.S.RAO, J) 15.10.2009 pln