IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 4446 of 2001 Between: 1 Chevula Eswaraiah, S/o Gangaiah R/o Bhogipalli Village, Narvakatipalli P.O., Vontimitta Mandal, Cuiddapah District. 2 Chevula Chandraiah S/o Gangaiah R/o Bhogipalli Village, Narvakatipalli P.O., Vontimitta Mandal, Cuiddapah District. 3 Chevula Krishnaiah S/o Gangaiah R/o Bhogipalli Village, Narvakatipalli P.O., Vontimitta Mandal, Cuiddapah District. 4 Checula Pitchaiah S/o Gangaiah R/o Bhogipalli Village, Narvakatipalli P.O., Vontimitta Mandal, Cuiddapah District. 5 Dhasari Tirupalamma, W/o Gangaiah R/o Bhogipalli Village, Narvakatipalli P.O., Vontimitta Mandal, Cuiddapah District. 6 Chevula Nagamunamma, W/o Kkrishnaiah R/o Bhogipalli Village, Narvakatipalli P.O., Vontimitta Mandal, Cuiddapah District. 7 Chevula Susheelamma, W/o Eswaraiah R/o Bhogipalli Village, Narvakatipalli P.O., Vontimitta Mandal, Cuiddapah District. ..... PETITIONER(S) AND 1 The District Collector, Cuddapah District, Cuddapah. 2 The Revenue Divisional Officer, Rajampet Division, Cuddapah District. 3 The Mandal Revenue Officer, Rajampet Mandal, Cuddapah 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 a writ or 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 their lands in Survey Nos. 84/1, 84/6, 84/7, 2040/7 and 84/5 of Vontimitta Village and Mandal, Cuddapah District in respect of which DKT Patta Nos. 23/94, 27/94, 28/94, 22/94, 34/94, 33/94 and 36/94 were granted to the petitioners repectively on 30-6-94 without following the due procedure prescribed under law as illegal, arbitrary, unjust and violative of the Principles of Natural Justice and consequently direct the respondents not to evict the petitioners from their above lands Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: The petitioners in this case claim that they were granted DKT pattas on 30.6.1994 by the Mandal Revenue Oﬃcer, Rajampet Mandal, Cuddapah District, in respect of the dry lands situated in Sy.Nos. 84/1, 84/6, 84/7, 2040/7 and 84/5 of Vontimitta Village and Mandal, Cuddapah District. It is their case that they have been cultivating the said lands, duly paying land revenue to the Government. Their grievance, as demonstrated by the aﬃdavit ﬁled in support of the Writ Petition, is that owing to the pressure brought about by certain Scheduled Caste organizations, the respondent- authorities were attempting to interfere with their possession over the subject lands and were trying to evict them therefrom. The petitioners claim that they have spent huge amounts for developing and making the lands ﬁt for cultivation and that it is not open to the respondent-authorities to dispossess them from the subject lands, without following the due procedure prescribed by law. The petitioners have also ﬁled copies of the DKT pattas granted to them as long back as in the year 1994. By an order dated 25.4.2001 in WPMP No. 5701 of 2001 in W.P.No. 4446 of 2001, this Court directed the respondent- authorities not to dispossess the petitioners from the subject lands, pending disposal of the Writ Petition. No counter affidavit has been filed. In the light of the facts as brought out by the aﬃdavit and material ﬁled in support of the Writ Petition, which remain unrebutted by the respondents, I am of the view that the interest of justice will be suﬃciently served by directing the respondent-authorities not to interfere with the possession and enjoyment of the petitioners over the lands in Sy.Nos. 84/1, 84/6, 84/7, 2040/7 and 84/5 of Vontimitta Village and Mandal, Cuddapah District, covered by DKT Patta Nos. 23/94, 27/94, 28/94, 22/94, 34/94, 33/94 and 36/94 issued in favour of the petitioners, without following the procedure laid down by law. The Writ Petition is disposed of with the above direction. There shall be no order as to costs. ----------------------------------- P.V. SANJAY KUMAR, J DATE: 21.10.2008 CVM