IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No: 21091 of 2008 Between: Sri Bandaru Vedantha Eshwara Rao, s/o. late Nooka Raju, D.No. 30-11-19, Lakshmi Street, Daba Gardens, Visakhapatnam - 20. ..... PETITIONER AND 1 The Tahsildar, Visakhapatnam Rural, Visakhapatnam. 2 The District Collector, Visakhapatnam. 3 The Government of A.P. Reptd. by its Principal Secretary to Government, Revenue (Assn.POT) Department, Secretariat, Hyderabad. .....RESPONDENT(S) 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 to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in attempting to diposes the petitioner from the land in an extent of 1200 sq.yds in plot No. 31 to 34 in Sy.No. 157/7(P) of Marikavalasa Village H/o. Paradesipalem, Visakhapatnam on20-9-2008 at 11 a.m. without issuing any notice and without following any due process of law pending consideration of the application dt. 18-6-2008 submitted to the District Collector, Visakhapatnam under GO Ms.No. 166 Revenue (Assn. POT) dt. 16-2-2008 and threatening to disposes at any movement on any day as illegal, arbitrary, capricious and violative of principles of natural justice and consequently to direct the 1st respondent not to disposes pending consideration of the application under the said G.O. or to pass any other order or orders Counsel for the Petitioner:SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled seeking to declare, by way of Mandamus, the action of the 1st respondent in attempting to dispossess the petitioner from the land in an extent of 1200 sq. yards in plot Nos.31 to 34 in Sy.No.157/7(P) of Marikavalasa village, H/o Paradesipalem, Visakhapatnam, without following the due process of law pending consideration of her application dated 18-06-2008 submitted to the 2nd respondent under G.O.Ms.No.166 Revenue (Assn.POT) dated 16-02-2008 and threatening to dispossess her at any point of time as arbitrary and illegal and consequently to direct the respondents 2 and 3 to consider her application under the said G.O. and direct the 1 st respondent not to dispossess her pending consideration of the said application. 2. The grievance of the petitioner is that she purchased the land in an extent of 1200 sq. yards in plot Nos.31 to 34 in Sy.No.157/7(P) of Marikavalasa village, H/o Paradesipalem, Visakhapatnam, under a registered sale deed dated 21-03-1984 and thereafter she came to know that the said land was assigned to her vendor and later that assignment was cancelled due to violation of the terms of assignment and the land was resumed to the Government. The petitioner has been in possession and enjoyment from the date of purchase in 1984. Since, by virtue of cancellation of the assignment, the land is being claimed by the Government, the provisions of G.O.Ms.No.166 Revenue (Assn.POT) Department dated 16-02-2008 are applicable to that land and so she submitted an application on 18-06-2008 to the 2nd respondent for regularization of the land in her favour and her application was sent to 3rd respondent for consideration as the extent of the land exceeds 250 sq. yards. While the matter stood thus, the 1st respondent attempted to dispossess her from the land without assigning any notice and without following any due process of law. 3. Heard the learned counsel for petitioner and the learned Government Pleader for Revenue and at their request the writ petition is taken up for disposal at the admission stage itself. 4. The learned Government Pleader for Revenue submits that the writ petition is premature to come to a conclusion that the petitioner will be dispossessed from the land as the cut oﬀ date for receiving applications for regularization of lands as per G.O.Ms.No.166 Revenue (Assn.POT) dated 16-02-2008 is 30-09-2008 and the process of considering the applications is not yet completed. 5. Having regard to the facts and circumstances of the case and as the cut oﬀ date for receiving applications for regularization of lands as per G.O.Ms.No.166 Revenue (Assn.POT) dated 16-02-2008 is 30-09-2008 the writ petition is premature and hence is dismissed. No order as to costs. However, the petitioner is at liberty to pursue the remedies available to her in accordance with law if she is dispossessed from the land in her possession without following due process of law. --------------------- N.V.RAMANA, J. 15th October 2008 CVRK