IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3299 of 2008 Between: 1 Md. Shamshad Begum, W/o.Bhaji 2 A.Satyavathi,W/o.Veerachary 3 Anupoju Gita, W/o. Harinath 4 M.Parvathi, W/o.Suryanarayana 5 Dammu. Atchamma, W/o.Pedda Chennaiah, 6 Dammu Raslamma,W/o.Venkatesam, 7 Madamala Somamma, W/o.Sambaiah 8 Vadakoppula Ankamma, W/o.Jagannadham 9 Pollapalli Kamalamma, W/o. Luther Bennu 10 L.Vijaya, W/o.Shayam Prasad, 11 K.Bhagya latha, W/o.Inobu 12 Golla.Santhakumari, W/o.Bapji, 13 Sk.Nagur Bee W/o.Peda Srinu 14 Poppula. Kasamma, W/o. Guravaiah, 15 Thotedi. Padmavathi, W/o.Elia 16 Dammu. Shantha Kumari, W/o.Ratnam 17 Mannam Vijaya Laximi, W/o.Prasad, 18 Nemalikonda Swathi W/o.D.Sowja, 19 Dammu.Sarojini, W/o.Venkatesulu 20 Siginam.Martamma, W/o.Elukondaiah, 21 P.Surya Prakasamma, W/o.Panthulu, 22 Dammu. Ankamma ,W/o.China Chennaiah, 23 Kethamukkala.Vijaya Laxmi,W/o.Siva Prasad 24 Medikonda.Laxmamma, W/o.Obaiah, 25 Yama.Bala Nagamma, W/o.Yavariva, 26 Palaparthi.Jaya Lakshmi, W/o.Ramanjaneya Sarma 27 Akunuri.Bharatha.Vasudharmani, W/o.Vijaya kumar, 28 Md.Ghouse , W/o.Meera 29 Sk.Mastan Bee W/o.Mabu, 30 Dammu.Kakamma, W/o.Lingaiah, 31 Bhathula.Chennammma, W/o.Rangaiah, (All are residents of Kesanapalli Village, Narasaraopet Mandal, Guntur Dist.,) ..... PETITIONERS AND 1 The Dist., Collector, Guntur, Guntur Dist., 2 The Revenue Divisional Officer, Narasaraopet, Guntur Dist., 3 The Mandal Revenue Officer, Narasaraopet, Guntur 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 will be pleased to to issue a Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in threatening to demolish the houses of petitioners and evicting forcefully without following procedure laid down under law of their law of their respective plots in Sy.No.300/C/1 in R.C.No.324/96C situated at Kesanapalli Village, Narasaraopet mandal, Guntur Dist., without canceling the pattas and without conducting any enquiry by evicting the petitioners as illegal, arbitrary, without jurisdiction and pass such orders as it may deem fit and just. Counsel for the Petitioners:MR.K.VENKATESWARLU Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3299 of 2008 ORDER: It is the case of the petitioners that they have been allotted various house site pattas in various plots admeasuring Ac.01-½ cents each in Sy.No.300/C/1 situated at Kesanapalli Village, Narasaraopet Mandal, Guntur District, vide proceedings R.C.Nos.324/96/C, dated 18-10-1998, by the Mandal Revenue Officer, Narasaraopet Mandal, Guntur District. It is stated that they constructed houses in the said plots and residing therein and they have not violated any terms and conditions of the assignment or the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977. While so, the respondents are taking steps to dispossess the petitioners from the plots in question without following due process of law. If there is any violation of terms and conditions of the assignment or the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, it is always open for the respondents to take appropriate action by following due process of law. But, however, without following due process of law, the petitioners cannot be dispossessed from the plots in question. Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the plots in question without following due process of law. There shall be no order as to costs. ___________ 19-02-2008 Note: Issue C.C. in two days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist., Collector, Guntur, Guntur Dist., 2 The Revenue Divisional Officer, Narasaraopet, Guntur Dist., 3 The Mandal Revenue Officer, Narasaraopet, Guntur Dist., 4 2CCs to GP for Revenue (OUT) 5 2CD copies