IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1120 of 2008 Between: 1 Velpula Bapu S/o.Late Lingaiah R/o.Mandamarri Vg., & Mandal, Adilabad District. 2 Velpula Rama Swamy S/o.Late Lingaiah R/o.Mandamarri Vg., & Mandal, Adilabad District. 3 Velpula Rajamma W/o.Late Lingaiah R/o.Mandamarri Vg., & Mandal, Adilabad District. 4 Velpula Narayana S/o.Late Mallaiah R/o.Mandamarri Vg., & Mandal, Adilabad District. 5 Velpula Thirupathi S/o.Late Mallaiah R/o.Mandamarri Vg., & Mandal, Adilabad District. 6 Velpula Prasad S/o.Late Mallaiah R/o.Mandamarri Vg., & Mandal, Adilabad District. 7 Velpula Mallamma W/o.Late Mallaiah R/o.Mandamarri Vg., & Mandal, Adilabad District. ..... PETITIONERS AND 1 The District Collector, Adilabad. 2 The Revenue Divisional Officer, Mancherial, Adilabad District. 3 The Tahsildar, Mandamarri Mandal, Adilabad District. .....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 any appropriate writ, order or direction more in the nature of Writ of Mandamus directing the Respondents not to dispossess the petitioners from the land bearing Sy.No. 195/1 extent Ac.11-00 situated at Mandamarri Village and Mandal, Adilabad District which is in peaceful possession and enjoyment of the petitioners for the last 35 years without following due procedure under law by duly declaring the action of the Respondents in taking steps to dispossess the petitioners from the above lands for the purpose of allotting the same to third parties under Rajiv Gruhakalpa Scheme/Pathakam is nothing but arbitrary, illegal, violative of Article 14 and 21 of the Constitution of India and pass such further or other orders. Counsel for the Petitioners: MR.V.RAVI KIRAN RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are 7 in number, assailing the action of the respondents in trying to dispossess them from the land admeasuring Ac.11.00 guntas comprising Survey No.195/1, situated at Mandamarri village and Mandal, Adilabad District, without following the due process of law. 2. The petitioners claim to be in occupation of the land admeasuring Ac.11.00 comprising Survey No.195/1, situated at Mandamarri village and Mandal, Adilabad District, for the last 35 years. In the year 1984 when one Ramachander tried to interfere with their peaceful possession and enjoyment, they ﬁled O.S.No.820 of 1984 on the ﬁle of the Munsif Magistrate, Luxettipet and obtained a decree. When the respondents wanted to take possession of the property forcibly on 06.07.2005, the petitioners filed O.S.No.57 of 2005 on the file of the Senior Civil Judge, Asifabad, for declaration of title and perpetual injunction. The plaint came to be returned for presentation before the proper authority. Thereupon, the petitioners presented the plaint before the Additional Agent to Government and Project Oﬃcer, ITDA Headquarters, Utnoor, who returned the same vide proceedings No.A4/CPC/10/2007, dated 24.05.2007, with an endorsement to present the same before the appropriate forum, which is having jurisdiction under Agency Rules, 1924. Now, the petitioners apprehending that the respondents may dispossess them without following the due process of law approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. The respondents entered appearance and ﬁled counter- affidavit. One I.A.Prasad, Revenue Divisional Oﬃcer, Mancherial, Adilabad District, has sworn to the counter- affidavit. It is stated in the counter-aﬃdavit that the petitioners are trying to knock away the total land in an extent of Ac.36.25 guntas under the guise of their occupation in an extent of Ac.11.00. Para.5 of the counter-aﬃdavit needs to be noted and it is thus: “5. It is humbly submitted that the petitioners are trying to knock away the total land in an extent of Acs.36.25 guntas under the guise of their occupation in an extent of 11 acres. The respondent authorities are bound to implement several welfare schemes of the government and in that connection they have been taking steps to evict the petitioners. The respondents also made a request to the Special Dy. Collector (TW), Adilabad to initiate proceedings against the petitioners under the Andhra Pradesh Scheduled Area Land Regulation 1 of 1959 as amended by Regulation 1 of 1970. Further the respondents are entitled to acquire the land in terms of Land Acquisition Act, 1894 as amended Act, 1984, Dt.28.4.1984 with eﬀect from February, 1982. This Hon’ble Court granted interim orders dt.28.1.2008 and the petitioners are trying to take shelter under the guise of the above orders and the respondents are unable to proceed further with the matter.” 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for the respondents. 5. The factual aspect of the petitioners are in possession of the land admeasuring Ac.11.00 comprising Survey No.195/1, situated at Mandamarri village and Mandal, Adilabad District, is not contradicted by the respondents. 6. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents to follow the due process of law in the event of the land admeasuring Ac.11.00 comprising Survey No.195/1, situated at Mandamarri village and Mandal, Adilabad District, which in occupation of the petitioners, is required to be acquired by the respondents. No costs. ________________________ B.SESHASAYANA REDDY, J. Date:29th October, 2008. CS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}