IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE 10th DAY OF DECEMBER, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2445 OF 2005 Between: Avasani Srinivasulu and others … Petitioners And The District Collector, Cuddapah and others … Respondents This Court made the following: HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2445 OF 2005 ORDER: - This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.3 authority in asking the petitioners to evict them from the plots bearing Nos.100, 114, 116, 103, 115, 110, 113, 102, 118, 92 and 93 respectively, in an extent of Ac.0-05 cents each in survey No.52/4, Munnur village, Rajampet Mandal, Cuddapah District, without issuing any notice or any violation under the patta proceedings dated 10.09.1987, pattas bearing H.S.Nos.513/1397, 527/1397, 529/1397, 516/1397, 528/1397, 523/1397, 526/1397, 515/1397, 531/1397, 505/1397 and 506/1397 respectively, as arbitrary, illegal, null and void and consequently direct the respondents not to interfere with possession of the petitioners over the said property. It is the case of the petitioners that they were granted with D-Form pattas in the month of September, 1987 for an extent of Ac.0-05 cents each for the purpose of house sites. According to them, they have raised thatched houses and living therein since then. When some of the petitioners have attempted to construct pucca houses, respondent Nos.2 and 3 interfered and stopped the construction stating that the lands in question are located in Tallapaka village on the road side and the said site was never inspected before granting the patttas to the petitioners and essentially the same is an agricultural land and not suitable for house sites. In the counter filed by the respondents, it is stated that on 24.01.2005, petitioner Nos.1 to 11 and others have submitted petition to the District Collector, Kadapa requesting to get the land in survey No.152/4 of Mannur village, surveyed and shown the boundaries of plots allotted to them on the plea that they could not construct houses due to financial problems though they were assigned long back. The Mandal Revenue Officer, Rajampet, has not even inspected the land in question and no action was initiated from the said office. A thorough enquiry is needed to decide whether pattas produced by the petitioners are genuine or otherwise since Rajampet and Railway Kodur are notorious for production of bogus pattas with the signatures of Tahsildars or Mandal Revenue Officer who worked earlier or died. Apart from that, the authorities of A.P.I.I.C. Kadapa were allotted with the land for establishment of industrial estate at Rajampet in S.No.52/1 and 52/5. Be that as it may, the fact remains that pattas were granted in favour of the petitioners and they have been in possession and enjoyment of the same. Once this is so, the respondents could not have either attempted to dispossess the petitioners or evicted them from the land on any pretext. If the pattas granted in favour of the petitioners are not genuine one, it is always open for the respondents to conduct a detailed enquiry into that and pass appropriate orders. But they cannot high handedly interfere into the peaceful possession and enjoyment of the land held by the petitioners under the D-form patta issued by the respondents. The Writ Petition is, therefore, disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners from their lands without following due process of law. ______________ C.V.RAMULU, J December 10, 2010 lmv