THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :2048 of 2008 DATED:05-02-2008 BETWEEN: Mangali Anjaiah & 43 others. ..... PETITIONERS AND The District Collector, Sangareddy, Medak District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the action of the respondents in alienating the lands of the petitioners in Sy.No.747 of Lakadaram village, Patancheruvu mandal, Medak District for implementing Rajiv Swagruha Housing Scheme without there being any prior notice or any manner of right by making an attempt to dispossess the petitioners from their respective lands, as illegal, and arbitrary. 3. It is the case of the petitioners that each of them have been allotted certain extents of land ranging from Ac.1.00 to Ac.2.00 acres in Sy.No.747 of Lakadaram village, Patancheruvu mandal, Medak District vide various DKT patta certificates in proceedings No.C/3209/87, dated 14-08-1987, by the then Mandal Revenue Officer, Patancheruvu. While so, the said land is sought to be taken away by the 3rd respondent-Tahsildar, Patancheruvu for the purpose of providing house sites under the ‘Rajiv Swagruha Housing Scheme’ without giving any notice and without following due process of law. It is stated that the petitioners approached the 1st respondent-District Collector, Medak District on 07-01-2008 and the 1st respondent vide his letter No.E2/2093, dated 17-01-2008, requested the 2nd respondent-Revenue Divisional Officer, Sangareddy to look into the matter personally and send a detailed report on the contents of the representation of the petitioners, dated 07-01-2008. It is stated that without conducting enquiry, without following due process of law, and in spite of the said letter addressed by the 1st respondent to send a report, the Mandal Revenue Officer is taking steps to dispossess the petitioners. Hence, the present Writ Petition. 4. Learned Government Pleader submits that even the assigned lands can be resumed if they are used for the public purpose. This Court has taken a view that the said lands assigned for agricultural purpose can always be resumed for public purpose provided the compensation/ex-gratia has been paid in addition to the compensation payable under the Land Acquisition Act, i.e., Solatium, additional compensation, and interest etc., as per the judgment of this Court, in P.MALLAIAH v. GOVERNMENT OF A.P., REP., BY ITS SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT AND ANOTHER[1]. However, I am of the opinion that without following due process of law it is not open for the respondents to dispossess the petitioners or resume the said land. 5. Accordingly, Writ Petition is disposed of directing the respondents not to dispossess the petitioners without following due process of law. There shall be no order as to costs. _________________ V.ESWARAIAH,J 05th February, 2008. Tsy [1] 2006(2)ALT 742