IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15957 of 2008 Between: 1 Indukuri Rangaraju S/o.late Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 2 Indukuri Kanaka Raju S/o.Ranga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 3 Indukuri Rama Krishnam Raju S/o.Ranga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 4 Bhupatiraju Nagaraju S/o.Ramakrishnam Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 5 Indukuri Subba Raju S/o.late Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 6 Indukuri Krishnam Raju S/o.late Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 7 Penumatcha Dhana Lakshmi W/o.Panduranga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 8 Sagiraju Satyavani W/o.Venkatraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 9 Indukuri Venkatraju S/o. Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 10 Indukuri Sekhara Raju S/o.Venkatraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 11 Indukuri Kiran Raju S/o.Venkatraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 12 Indukuri Vijayalakshmi W/o.Venkakat Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 13 Indukuri Venkayamma W/o.Ranga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 14 Indukuri Sattiraju S/o. Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 15 Indukuri Srinuraju S/o.Sathiraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 16 Kunaparaju Suryakumari W/o.Chandraraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. ..... PETITIONER(S) AND 1 Government of A.P. rep. by The District Collector, West Godavari District, at Eluru. 2 The Revenue Divisional Officer, Eluru Division, Eluru, West Godavari District. 3 The Tahsildar, Eluru Mandal, Eluru, West Godavari District. .....RESPONDENT(S) 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to dispossess the Petitioners from the lands an extent of Ac.16-00 cents covered by S.No.956 of Mondikodu village, hamlet of Gudivaka lanka, Eluru Mandal, West Godavari District, as illegal, arbitrary, violation of principles of natural justice, unconstitutional and contrary to the provisions of Board Standing Orders, and direct the Respondents to grant Pattas to the Petitioners to the above lands, and to pass such other order or orders. Counsel for the Petitioner:MR.G.KRISHNA MURTHY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.15957 OF 2008 ORAL ORDER: The petitioners state that they belong to economically backward classes and landless poor and are eking out their livelihood by working as agricultural coolies and that their forefathers occupied Government poramboke waste land prior to the year 1965 admeasuring Ac.16.00 cents situated in Survey No.956 of Mondikodu Village, hamlet of Gudivaka Lanka, Eluru Mandal, West Godavari District and developed the same into cultivation lands by spending huge sums of money and since then have been in posesion and enjoyment thereof by raising paddy crop and by paying the necessary land revenue to the Government. The petitioners further state that considering their longstanding possession and enjoyment of the land in question for over last four decades, they applied for grant of pattas in their favour and the same is pending consideration before the third respondent- Tahsildar, Eluru Mandal, Eluru, West Godavari District. While things stand thus, on 19.07.2008 the third respondent along with his staﬀ came to the land in question and tried to dispossess the petitioners therefrom without giving any notice and without following the due process of law. Hence, they ﬁled the present writ petition. When the matter is taken up for admission today, the learned Assistant Government Pleader for Revenue, on instructions, submitted that the land in question is classiﬁed as Government land (AWD) and the same is under occupation of the writ petitioners and that the same is located quite adjacent to Kolleru Wild Life Sanctuary which is a prohibited area and the respondents will follow the due process of law in case they want to dispossess the petitioners from the land in question. Having due regard to the averments made in the aﬃdavit ﬁled in support of the writ petition as well as the submissions made by the learned Assistant Government Pleader for Revenue, without going into the merits of the matter, I deem it appropriate to dispose of the writ petition at the stage of admission with the following the directions: If the respondents intend to dispossess the petitioners from the land in question, they shall do so only after following the due process of law. Unless and until they follow the due process of law, the petitioners shall not be dispossessed from the land in question. Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J. Date: 25.07.2008 VGSR