IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 27480 of 2008 Between: B.M. Mallikarjuna Rao S/o. Late Muniyappa R/o. Kattakindha H/o. Surappakunta, Hindupur Mandal, Anantapur District. ..... PETITIONER AND 1 The District Collector, Anantapur, Anantapur District. 2 The Revenue Divisional Officer, Penukonda, Anantapur District. 3 The Mandal Revenue Officer, Hindupur Mandal, Anantapur 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 to issue an order writ or direction more particularly in the nature of writ of Mandamus declaring the action of respondents taking possession of the land and allotting the house sites to the third parties in the land belongs to the petitioners in Sy.No 70-2 an extent of Ac 5-00 of land situated at Kirikera without due process of law and without passisng any order and without paying any compensation to the petitioner is illegal, arbitrary and violated of principle of natural justice ad violative of Article 14, 21 and 300 A of Constitution of India and consequently direct the respondents to follow due process of law by initiating either by Land Acquisition or by consent as otherwise the petitioners would suffer irreparable loss and injury Counsel for the Petitioner: MR.P.NARAHARI BABU Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27480 of 2008 ORDER: Petitioner is resident of Kirikera, hamlet of Surappakunta, Hindupur Mandal, Anantapur District. He alleges that an extent of Acs.5.00 in survey No.70-2 situated at Kirikera was assigned to his father vide proceedings of Tahsildar in DA.Dis.No.396/1961 dated 13.05.1958. After death of his father, property allegedly devolved on petitioner and his mother, who appears to have mortgaged the same to Kirikera Cooperative Society for a loan. Be that as it is petitioner also statedly obtained pattadar passbook and is in possession of property. In first week of March, 2007, when third respondent started digging foundation for construction of houses, petitioner approached first respondent seeking a direction to third respondent not to allow constructions in his land, in vain. Therefore, he filed instant writ petition seeking a writ of Mandamus declaring the action of respondents in allotting his land as house sites as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. This Court heard learned counsel for petitioner and learned Assistant Government Pleader for Revenue (Assignment). Whether petitioner’s father was assigned subject land in 1958 and whether petitioner is still in possession of land are the questions which are to be decided by third respondent. If petitioner is in possession of land as alleged and is not already dispossessed, it is needless to mention that respondents cannot dispossess him without following due process of law as held by this Court in Dammalapati Ramalingam v District Collector, Khammam District[1]. If assignment of land is true as held by larger Bench of this Court in LAO-cum-RDO, Chevella Division, Domalaguda, Hyd v Mekala Pandu[2], petitioner would be entitled for compensation as is payable under the Land Acquisition Act, 1894. With the above observations and directions, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 19th December, 2008 GHN To 1 The District Collector, Anantapur, Anantapur District. 2 The Revenue Divisional Officer, Penukonda, Anantapur District. 3 The Mandal Revenue Officer, Hindupur Mandal, Anantapur District. 4 2CCs to GP for Land Acquisition 5 2CD copies Form-NIC-OGS/WP{VSMI} [1] 2006(6) ALT 299 [2] 2004 (2) ALD 451 (LB)