IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 18174 of 2001 Between: 1 Shaik Karimulla S/o. Kasim Plot No.11, R/o. Near Surya Complex, Lorrylakunta, Pakasam Colony, Guntur Road, Ongole, Prakasam District. 2 Gollem Subbulu W/o.Chittibabu Plot No.24, R/o. Near Surya Complex, Lorrylakunta, Pakasam Colony, Guntur Road, Ongole, Prakasam District. ..... PETITIONER(S) AND 1 The District Collector, Ongole, Prakasam District. 2 The Revenue Divisional Officer, O/o. Mandal Revenue Office, Ongole, Prakasam District. 3 The Mandal Revenue Officer, O/o. Mandal Revenue Office, Ongole, Prakasam District. 4 The Revenue Inspector, O/o. Mandal Revenue Office, Ongole, Prakasam District. .....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 an appropriate Writ, order or direction more particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd and 4th Respondents in trying to dispoissess the petitioners from their lands in possession in an extent of 1 cent each in SurveyNo. 116/1A/C of Ongole Village, Prakasam District without any authority or prior notice etc., as illegal, arbitrary and unconstitutional and consequently to direct all the Respondents not to dispossess the Petitioners from their respective lands to an extent of 1 cent each in Survey No. 116/1A/C of Ongole Village, Prakasam District and pass Counsel for the Petitioner:MR.N.RAVI PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 18174 OF 2001 ORDER: There are two petitioners in this writ petition, who claimed that they are in possession of Ac.0-01 cents each in Survey No. 116/1A IC of Ongole village. They admit that the said land belongs to the Government and alleged that they have been granted patta by the Government in the year 1989, claiming that they are the landless poor persons belonging to downtrodden community. They claimed that they are in possession of the land from several years, the attempt of physical dispossession on the part of the 3rd and 4th respondent was questioned in this writ petition. While admitting the writ petition by order dated 13-12-2001 this Court directed the respondents not to dispossess the petitioners from the land to an extent of Ac.0-01 cents each pending further orders. No counter affidavit is filed and the said interim order continues to operate. Since the petitioner admits that the land belongs to the Government and they have been granted patta by the Government, any action on the part of the official respondents has to be in accordance of the principles of natural justice. I, therefore, deem it appropriate to dispose of this writ petition by directing the respondents to follow due process of law and not to disturb the possession of the petitioners of their respective extent of land of Ac.0- 01 cents without giving adequate notice and opportunity to them to file objections and thereafter pass appropriate orders and take further steps in accordance with law. Accordingly, this writ petition is disposed of. No order as to costs. ____________________________ Justice Vilas V. Afzulpurkar 16th December, 2008. KM THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 18174 OF 2001 16th December, 2008.