IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 25960 of 2008 Between: 1 B. Jammerunnisa, W/o. B. Nabi Sab, R/o. Gorantla Village & Mandal, Anantapur District. 2 B. Nabi Sab, W/o. Mahaboob Sab, R/o. Gorantla Village & Mandal, Anantapur District. ..... PETITIONERS AND 1 The District Collector, Anantapur District. 2 The Tahasildar, Office of the Mandal Revenue Officer, Chilamathuru. .....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 appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in seeking to dispossess the petitioners from theland situatedin Sy.No. 580-2A, 580-2B admeasuring Ac. 2.57 cents and 2-61 cents and the land in Sy.No. 580/4A, 580/4B admeasuring Ac. 2-62 cents and Ac. 2-52 cents respectively of Kodur Village, Chilamathur Mandal, Ananthapur District without paying compensation/exgratia and seeking to allot the same for developing the Special Economic Zone to Industralists as arbitrary, illegal, colorable exercise of power, Discriminatory, non consideration of relevant material available on record, violative of the procedure contemplated under the Land Acquisition act, violative of the Fundaments Rights guaranteed under Articles 14, 19 and the Constitutional Right guaranteed under Article 300-A of the Constitution of Inaia and consequenty direct the respondents not to evict the petitioners without paying compensation/exgratia/allotting alternative land Counsel for the Petitioners: MR.C.V.R.RUDRA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25960 of 2008 ORDER: First petitioner is owner of land comprised in survey Nos. 580/2A (Acs.2.57) and 580/2B (Acs.2.61), and second petitioner is owner of land comprised in survey Nos.580/4A (Acs.2.62) and 580/4B (Acs.2.52). The land is situated at Kodur Village, Chilamathur Mandal, Anantapur District. First petitioner purchased the land under registered sale deeds dated 08.04.1985 and 06.10.1986 respectively from M/s. Rangammagari Gangappa and P.Narsimhappa, and second petitioner purchased the land under registered sale deed dated 08.04.1985 from M/s. K. Pedda Gangappa and K. Adiappa. The petitioners are statedly cultivating the land. It appears that in February, 2007, second respondent conducted local inspection and submitted a report for mutation of names of the petitioners in the revenue records. Subsequently the land was proposed for establishment of Special Economic Zone (SEZ). The petitioners allege that no steps were initiated for payment of compensation and due process of law is not followed. Therefore, they filed instant writ petition seeking a writ of Mandamus declaring the action of the respondents taking possession as illegal and arbitrary, and for a consequential direction to the respondents not to evict them (petitioners). The learned Assistant Government Pleader for Revenue obtained instructions from the Sub Collector, Penukonda. According to him the petitioners are in occupation of the land in survey Nos.580/2A, 580/2B and 580/4A, 580/4B respectively. He submits that the petitioners are in possession of assigned land and therefore, necessary action is being taken under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act, for brevity). After hearing the learned counsel for the petitioners and the learned Assistant Government Pleader, this Court is convinced that the writ petition is filed even before any action is initiated on apprehension that the petitioners might be dispossessed. Now that the learned Assistant Government Pleader has placed before this Court stand of the respondents, this Court observes that unless and until due process of law is followed under the Act, the petitioners’ right to enjoy the property cannot be interfered with. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 27th November, 2008 GHN To 1 The District Collector, Anantapur District. 2 The Tahasildar, Office of the Mandal Revenue Officer, Chilamathuru. 3 2CCs to GP for Revenue 4 2CD copies Form-NIC-OGS/WP{SPJS}