IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3333 of 2008 Between: 1 Vullanki Satyanarayana, S/o.Venkata Rangarao R/o.Devapudi, Mudinepalli Mandal, Krishna Dist., 2 Vullanki Venkata Rangarao, S/o. Mukundaramayya R/o.Devapudi, Mudinepalli Mandal, Krishna Dist., 3 Vullanki Venkateswaramma, W/o. Mukundaramayya R/o.Devapudi, Mudinepalli Mandal, Krishna Dist., 4 Ankkim Tulasidas, S/o. Ramaswamy R/o. Koru kollu, Kalidindi Mandal, Krishna Dist., ..... PETITIONERS AND 1 The Dist., Collector, Krishna Dist, At Machilipatnam 2 The Revenue Divisional Officer, Gudiwada, Krishna Dist., 3 The Tahsildar, (M.R.O), Mudinepalli Mandal, Krishna 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 may be pleased to issue a writ Order or orders more particularly in the nature of the Writ of Mandamus declaring the action of the Respondents in dispossessing 1st Petitioner in Ac 0.10 cents in R.S.Nos 18-1, Ac. 0.50 cents in R.S.No. 8-2, Ac. 1.83 cents 18-3 the Total extent is Ac.2.51 cents, the 2nd Petitioner in Ac.0.08 cents in R.S.No 18-7, Ac.0.05 cents in R.S.No.18-8, Ac.0.93 cents in R.S.No.19-4, Ac.0.95 cents in R.S.No.19-5 the total extent in Ac.2.01 cents, the 3rd Petitioner in Ac 2.41 cents in R.S.No.30/IP, the 4th Petitioner in Ac.0.70 cents in R.S.No.20-5, Ac.0.56 cents in R.S.No.20-7, Ac 1-27 cents in R.S.No. 21-1 the total extent is Ac.2.53 cents, in vivaka village, Mudinepalli Mandal, Krishna Dist as illegal, arbitrary, contrary to law and consequently direct the Respondents not to dispossess the petitioner from the above lands with out following the Procedure prescribed by law, without notices and pass such other order or orders as deem fit land proper in the circumstances of the case Counsel for the Petitioners:MR.T.V.V.KOTESWARA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3333 of 2008 ORDER: It is the case of the petitioners four in number that the 3rd respondent issued D-Form pattas to them in respect of various extents in various survey numbers situated at Vivaka Village, Mudinepalli Mandal, Krishna District, on 15-10-1992. It is stated that they are in continuous possession and enjoyment of the said lands and they have not violated any terms and conditions of D-Form pattas. While so, without issuing any notice and without following due process of law, the 3rd respondent is trying to dispossess the petitioners from the lands in question, as the said lands are required for public purpose. On the other hand, learned Government Pleader for Revenue appearing for the respondents submits that so far no resumption order has been issued to the petitioners and the writ petition is filed only on mere apprehension. Even, if the said lands are required for public purpose, I am of the opinion that unless required compensation is paid for the said assigned lands, the petitioners cannot be dispossessed from the lands in question. Even, if there is any violation of terms and conditions of D-Form pattas or the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, it is always open for the respondents to issue notice and take appropriate action in accordance with law, by following due process of law. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the lands in question without following due process of law. There shall be no order as to costs. ___________ 25-02-2008 Note: Issue C.C. by tomorrow (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}