HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16950 of 2008 Date : 17.06.2011 Between : Medepalli Prasad & another. …..Petitioners And Tahsildar, Udayadiri Mandal, Nellore District & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16950 of 2008 ORDER: Though interlocutory matters are listed for hearing, at the request of the learned counsel for petitioners and also the learned Government Pleader, the writ petition itself is being disposed of by this order. In the writ petition, the petitioners seek directions by way of Mandamus, declaring the action of respondents in seeking to dispossess them from the lands admeasuring Ac.0.84 cents, Ac.1.02 cents, Ac.1.50 cents, Ac.1.00 cents, Ac.0.37 cents, Ac.0.88 cents, Ac.0.66 cents, Ac.0.09 cents, Ac.0.14 cents, Ac.0.51 cents and Ac.1.00 cents in R.S.Nos.1153/3, 1153/5, 1153/7, 1153/8, 1165/9, 1153/10, 1153/11, 1153/12, 1153/13, 1153/14 and 1153/15 respectively, situated at Appasamudram village of Udayagiri Mandal in Nellore District, as illegal and arbitrary. It is the case of the petitioners that they are originally residents of Nelaturu, Hamlet of Kondayapalem village, but they have shifted to Appasamudram village and they have been in possession of the aforesaid lands for more than 20 years. It is stated that though the lands in question were originally assigned, as the original assignees left, they have been in possession of said lands for more than 20 years. It is the grievance of the petitioners that though they are landless poor persons and are in longstanding possession, pending their applications for grant of DKT pattas, respondents are trying to dispossess them without following due process of law. A detailed counter affidavit is filed by the Tahsildar, Udayagiri Mandal of Nellore District. In the counter affidavit, while denying the various allegations made by the petitioners, it is admitted that the lands in question are in possession of petitioners for the last more than 20 years and that their applications are also pending consideration before the Revenue Divisional Officer, Kavali. It is stated in the counter that originally the lands were assigned to various persons and as the petitioners came into possession contrary to the conditions for grant of patta, the Mandal Revenue Officer has passed orders in Proceedings Rc.B.No.67/2004, dated 18.11.2004, for eviction of petitioners and assignees, and at that stage, the petitioners came up with this writ petition. As it is not in dispute that the petitioners are landless poor persons and have applied for grant of pattas by filing applications before the Mandal Revenue Officer, which are now pending before the Revenue Divisional Officer, Kavali, and as it is further admitted in the counter affidavit that the petitioners are in possession of lands for the last more than 20 years, I deem it appropriate to dispose of the writ petition directing respondents 1 and 2 to consider the applications of petitioners for grant of pattas, if not disposed of as on today, in accordance with the policy in force. There shall be a further direction to the respondents that if the applications of petitioners were already disposed of, the respondents shall intimate to the petitioners, the decision taken on their applications. Till such intimation is given and appropriate orders are passed, there shall be a further direction to the respondents not to take steps for eviction of petitioners. However, it is made clear that if the petitioners are not eligible for grant of pattas, it is open to the respondents to take steps in accordance with law. The writ petition is allowed in part, with the directions as indicated above. _____________________ R.SUBHASH REDDY, J 17th June 2011 ajr