THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No.12892 of 2002 ORDER: The petitioners, who are nine in number, filed the present writ petition seeking a writ of Mandamus declaring the action of the respondents in trying to evict them from their respective plots situated in Survey Nos.156-1B and 152-1A of B.K.Palli, Kotauratla Mandal, Visakhapatnam, without following due process of law, as arbitrary and illegal. In the affidavit filed in support of the writ petition, it is stated that the petitioners belong to backward community and are eking out their livelihood by doing cooli works etc. That the respondents prepared a layout in respect of the land to an extent of Acs.2.99 cents of B.K.Palli, Kotauratla Mandal, Visakhapatnam, for the purpose of granting house site pattas to the houseless poor. That pursuant to the representations made by them, the second respondent, namely, the Mandal Revenue Officer, Kotauratla Mandal, Visakhapatnam District, granted pattas in their favour in respect of the subject plots vide proceedings, dated 19.08.1995, and were even put in possession in the year 1995 itself. While so, it is their grievance that the respondents, without following due process of law, are trying to evict them from the subject plots. Hence, the present writ petition. This Court issued Rule nisi on 18.07.2002 and granted interim orders on 13.09.2002 directing the respondents not to evict the petitioners from the subject plots, pending disposal of the writ petition. The respondents filed counter in the matter denying the allegations made by the petitioners and stating that possession of the land to an extent of Acs.2.99 cents of B.K.Palli Village was taken under the Land Ceiling Act, for the purpose of granting house sites to the houseless poor of B.K.Palli Village and accordingly, the then Mandal Surveyor, Kotauratla prepared a layout plan for 88 plots on 18.07.1995 and the same was approved by the Revenue Divisional Officer, Narsipatnam along with the list of beneficiaries. That though the petitioners were granted pattas in respect of the subject plots, while handing over possession of the plots on 08.07.2002, it was noticed that petitioner Nos.1 to 3 and 5 to 9 were found ineligible, as they have pucca houses and therefore, possession was not handed over to them. That the fourth petitioner was found eligible and as such, she was handed over the physical possession of the plot allotted in her favour. It is further stated that as petitioner Nos.1 to 3 and 5 to 9 were found ineligible, the respondents are taking steps to cancel the pattas granted in their favour following due process of law. It is categorically stated in the counter that the respondents have never tried to evict the petitioners from the subject plots. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. Though the petitioners contend that they were granted pattas in respect of the subject plots, in the counter it is categorically stated that while handing over possession of the subject plots to the petitioners on 08.07.2002, it was noticed that except petitioner No.4, other petitioners were found ineligible, as they have pucca houses and as such, the pattas granted in their favour have to be cancelled. Further, the respondents have categorically stated that they have never tried to evict the petitioners from the subject plots. Be that as it may, during the course of hearing, the learned Assistant Government Pleader has submitted that as petitioner Nos.1 to 3 and 5 to 9 were found ineligible for being allotted house sites, which are intended for houseless poor, the respondents are taking steps to cancel the pattas granted in their favour following due process of law. At this stage, the learned counsel for the petitioners also submitted that if really petitioner Nos.1 to 3 and 5 to 9 are found ineligible, the pattas granted in their favour may be directed to be cancelled following due process of law. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents to take appropriate action in the matter for cancellation of the pattas granted in favour of petitioner Nos.1 to 3 and 5 to 9, if they are found ineligible for being allotted the subject plots, in accordance with law, and till such time, the parties are directed to maintain status quo. No costs. ___________________ N.V. RAMANA, J. Date:04.03.2010 VGB