THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :2503 of 2008 DATED:12-02-2008 BETWEEN: Pasupulati Srinivasarao & 11 others. ..... PETITIONERS AND The District Collector, Machilipatnam, Krishna District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the action of the respondents to dispossessing the petitioners on 09-02-2008 or any date from Ac.2.27 cents in R.S.No.324/1P, Ac.2.48 cents in R.S.No.232/2, Ac.1.00 cents in R.S.No.231/2P, Ac.2.50 cents in R.S.No.232/1, Ac.2.27 cents in R.S.Nos.233/1, 323/4, Ac.2.60 cents in R.S.No.233/5, Ac.2.32 cents in R.S.Nos.232/3, 232/4, Ac.2.48 cents in R.S.No.928/7, 929/2,3,4,6,7,12, Ac.2.55 cents in R.S.No.928/8, 9,10,11,12,13, 17, 18, Ac.1.89 cents in R.S.No.927/8, 7, 928/3,4, Ac.2.46 cents in R.S.Nos.929/5,6,8,9,10, 11 and Ac.2.26 cents in R.S.Nos.930/4, 931/1, 2, 5,7 in Vaivaka village, Mudinepally mandal, Krishna District, as illegal, and arbitrary 3. It is the case of the petitioners that each of them have been assigned small extents of the agricultural land and D-Form pattas as follows: 1st petitioner was granted D-Form patta to an extent of Ac.2.27 cents in R.S.No.324/1P, 2nd petitioner was granted D-Form patta to an extent of Ac.2.48 cents in R.S.No.232/2; 3rd petitioner an extent of Ac.1.00 in R.S.No.231/2P; 4th petitioner an extent of Ac.2.50 cents in R.S.No.232/1; 5th petitioner an extent of Ac.2.27 cents in R.S.Nos.233/1, 323/4; 6th petitioner an extent of Ac.2.60 cents in R.S.No.233/5; 7th petitioner an extent of Ac.2.32 cents in R.S.No.232/3, 232/4; 8th petitioner an extent of Ac.2.48 cents in R.S.No.928/7, 929/2,3,4,6,7,12, 9th petitioner an extent of Ac.2.55 cents in R.S.Nos.928/8, 9, 10,11,12,13,17,18, 10th petitioner an extent of Ac.1.89 cents in R.S.No.927/8, 7,928/3, 4, 931/1, 2,5,7 in Vaivaka villalge, Mudinepally mandal, Krishna District. 4. It is stated that the petitioners have not violated any terms and conditions of the D-Form pattas and they themselves are cultivating the said land from the date of assignment and they never alienated the said land in any manner. The only grievance of the petitioners is that without following due process of law they are sought to be dispossessed either on the ground that there is a violation of the D-Form pattas and the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 ( for brevity, ‘the Act’) or on the ground that the said lands are required for the house site pattas. 5. I am of the opinion that without following due process of law respondents cannot dispossess the petitioners. Even if the said lands are required for public purpose i.e., for the purpose of granting house sites or for any other purpose, it is always open for the respondents to issue notice and pay ex-gratia/compensation under the relevant G.O. apart from the compensation as required under law, and if there is any violation of the D-Form patta or the provisions of the Act, it is always open for the respondents to issue a notice and take appropriate action in accordance with law. 6. Having regard to the facts and circumstances, respondents are directed not to dispossess the petitioners except otherwise in accordance with law. 6. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 12th February, 2008. Note: Furnish C.C. of the order within two days. B/o Tsy