IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12762 of 2008 Between: 1.Gorrela Appa Rao S/o.Surya Rao R/o.D.No.86-26-10/3, V.L.Puram Rajahmundry, E.G. District. 2.Varre Satyanarayana S/o.Subba Rao R/o.Barma Colony, Ramalayam Veedhi, Rajahmundry, E.G. District. 3.Vanga Satyanarayana S/o.Narayana R/o.D.No.33-9-8, Mangalavarapur Pet, Rajahmundry, E.G. District. 4.Guthula Appa Rao S/o.Narasimha Murthy R/o.D.No.32-1-69, K.V.R. Swamy Road, Near Apsara Taties, Rajahmundry, E.G. District. 5.Vanga Srinivasa Rao S/o. late Veerabhadra Rao R/o. V.L.Puram Rajahmundry, E.G. District. 6.Chollangi Surya Kumari W/o.late Bangarraju R/o.D.No.32-1-69, K.V.R. Swamy Road, Near Apsara Taties, Rajahmundry, E.G. District. ..... PETITIONERS AND 1 The Deputy Commissioner of Endowments, Kakinada, East Godavari District. 2 The Assistant Commissioner of Endowments, Rajahmundry, East Godavari District. 3 The Executive Officer, Sri Venugopala Swamy Temple, Godavari Bund, Rajahmundry, East Godavari District. 4 The District Collector, East Godavari District at Kakinada. 5 The Revenue Divisional Officer Cum Land Acquisition Officer, Rajahmundry, East Godavari District. .....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 issue appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in evicting the petitioners from the lands to an extent of 0.50, Ac.2.10, Ac.2.10, Ac.1.00, Ac.2.10 and 0.50 cents in Sy.No.316, 317 and 39/9 respectively situated at Hukumpeta Village, Rajahmundry Rural Mandal, East Godavari District without following the due process of law as illegal, arbitrary and in violation of Principles of natural justice and consequently direct the respondents not to evict the petitioners without initiating any proceedings as contemplated under law in the interest of justice. Counsel for the Petitioners: MR.K.VENKATESH Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.12762 of 2008 ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents in seeking to evict the petitioners from the lands to the extents of Acs.0.50, Acs.2.10, Acs.2.10, Ac.1.00, Acs.2.10 and Ac.0.50 cents in Survey Nos.316, 317 and 39/9 situated at Hukumpta village, Rajahmundry Rural Mandal, East Godavari District, without following due process of law, is arbitrary and illegal. The specific plea of the petitioners is that they have been in possession and enjoyment of the lands in question for the past several years as cultivating tenants of the third respondent-temple. It is alleged that the respondents are attempting to dispossess the petitioners high-handedly on the ground that the land is required for the purpose of providing house sites to the weaker sections under Indiramma Housing Scheme. Having heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for the respondents, and having regard to the specific allegations made by the petitioners, without expressing any opinion as to entitlement of the petitioners to continue in the land, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners without following due process of law. No costs. _______________ 19.06.2008 VGB