THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31456 OF 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the third respondent, in seeking to dispossess the petitioners from their respective plots in Survey No.527/1 of Pulivendula Town, Y.S.R. District, without issuing any notice and without following the procedure established by law, as arbitrary and illegal. Petitioners, 21 in number, all claim to have been assigned house site pattas as early as on 07.09.2011. It is their case that, though they were issued valid house site pattas, the respondents were now seeking to evict them from the said house sites without putting them on notice, and without giving them an opportunity of being heard. A counter affidavit is filed on behalf of the third respondent wherein it is stated that on enquiry it came to light that the petitioners had misrepresented facts before the authorities, and had obtained house site pattas illegally; the petitioners had concealed the truth regarding their eligibility; the subject lands are situated 2 KMs. from the pheripheral area of the Mandal Head-Quarters; in terms of G.O.Ms.No.1493 dated 01.12.2007 such lands cannot be assigned as house sites; these lands are required to be protected and entered in the Prohibitory Order Book; the petitioners are not coolies as claimed by them; in fact the first petitioner’s husband was working as a Constable; the petitioners are also not residents of the village; they do not come under the category of economically and financially poor persons; and they are not eligible for assignment of house sites on government lands. The fact that the petitioners are in possession of the subject lands is not in dispute. While it is always open to the respondents to take necessary action, in accordance with law, for cancellation of the house sites assigned earlier in favour of the petitioners, it is not open to them to forcibly evict the petitioners, from the lands in their possession till then. Leaving it open to the respondents to take necessary action both for cancellation of the alleged irregular/illegal assignment, and for eviction of the petitioners in accordance with law, it is made clear that till such action is taken the petitioners shall not be evicted from the subject lands. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J December 21, 2011 Note: Issue C.C. in one week. B/O.MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.31456 OF 2011 December 21, 2011 MD