IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 262 of 2009 Between: 1 Smt. Reddy Ademma (Hindu) W/o. Yedukondalu R/o. Adda Road. H/o. Challagundla Village, Nakarikallu Mandal, Guntur Dist. 2 Smt. Kagga Govindamma (Hindu) W/o. Sree Ramulu R/o. Adda Road. H/o. Challagundla Village, Nakarikallu Mandal, Guntur Dist. 3 Smt. Karuru Sambrajyam W/o. Subba Rao R/o. Adda Road. H/o. Challagundla Village, Nakarikallu Mandal, Guntur Dist. ..... PETITIONER(S) AND The Mandal Revenue Officer Nakarikallu (PO) & (Mandal) Guntur Dist. .....RESPONDENT 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, order or direction in the nature of Mandamus declaring the action of the respondent and his subordinate officers in trying to dispossess the petitioners from the house-sites bearing No.29, 37 and 43 of an extent of 0.02 cents situated in Adda Road, H/o. Challagundla, Nakarikallu Mandal, Guntur District, allotted to the petitioners by the respondent herein by his Proceedings Rc.No. 54/99/A dated 8-7-1999 without following the due process of law as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India. Counsel for the Petitioner: MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.262 OF 2009 ORDER: This writ petition is filed by the petitioners to declare the action of the respondent and his subordinate officers in trying to dispossess the petitioners from the house sites bearing Nos.29, 37 and 43 to an extent of 0.02 cents situated in Adda Road, H/o.Challagundla, Nakarikallu Mandal, Guntur District, allotted to the petitioners by the respondent herein by proceedings in Rc.No.54/99/A, dated 8.7.1999, without following the due process of law as being illegal and arbitrary. The case of the petitioners is that they have been assigned house site plot Nos.29, 37 and 43 respectively to an extent of 0.02 cents each within the specified boundaries measuring 40 ft x 50 ft in Sl.Nos.141/1A, 141/A1- B2 and 142/A2 respectively situated at Adda Road, H/o.Challagundla village, Nakarikallu Mandal, Guntur District, vide proceedings in Rc.No.54/99A, dated 8.7.1999. The petitioners are put in possession of the said plots and they have also erected thatched sheds and living therein from the last nine years. While so, the officials of the respondent visited their houses in the last week of December, 2008 and in the first week of January, 2009 asking the petitioners to vacate and hand over the same. It is stated that the petitioners never violated any of the terms and conditions of their assignment of house sites and their assignment of house sites have not been cancelled. Having regard to the facts and circumstances of the case, I am of the considered opinion that as long as the orders of assignment of house sites granted in favour of the petitioners are in force, the petitioners cannot be dispossessed. The writ petition is, accordingly, disposed of directing the respondent not to dispossess the petitioners without following the due process of law. No order as to costs. ___________________ V.ESWARAIAH, J. 12.1.2009 kpr