IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25486 of 2007 Between: 1 Gujjali Ademma W/o.Appanna R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District 2 Yalla Chemmalla W/o. Chinna Rao R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District 3 Goddu Narayanamma W/o.Venkata RAo R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District 4 Goddu Narayanamma W/o.Thavitayya R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District 5 Yalla mutyalamma W/o.Krishna Murthy R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District 6 Potnuru Sarojini W/o.Appanna R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District 7 Savalapuram Varalakshmi W/o.Simhachalam R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District 8 Sadegana Narayana W/o.Krishna Murthy R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District 9 Menda Seethamma W/o.Appa Rao R/o.Sundarapuram village and post Narasannapeta Mandal, Srikakulam District ..... PETITIONER(S) AND 1 The Tahsildar, Narasannapeta Mandal Srikakulam District 2 The District Collector, Srikakulam District .....RESPONDENT(S) 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 issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.1 in taking steps for forcible eviction of the petitioners from possession and enjoyment of the house site pattas held by the petitioners as illegal, irregular and without authority of law and consequently direct the respondents not to evict the petitioners from the house sites held under grant of patta vide proceedings No.DR 165/93, dated 232.10.1993 DR 470/1406 (RC 31/97) DR 472/1406 (Rc.31/97) DR 471/1406 (RC 31/97), DR 469/1406 (RC 31/97) dated 10.10.1996 DR 193/93 dated 23.10.1993 DR 157/93 dated 23.10.1993 DR 145/93 dated 23.10.1993 issued by the 1st respondent comprised in SY.No.14/3 of Sundarapuram village and post,Narasannapeta Mandal, Srikakulam District. Counsel for the Petitioner:MR.K.VENKATARAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{TRK} O R D E R: This writ petition is filed seeking a mandamus to declare the action of the 1st respondent in taking steps to evict the petitioners from the possession and enjoyment of their house sites forcibly, as arbitrary and illegal. The petitioners’ assert that the 1st respondent-Tahsildar, Narsannapet Mandal, Srikakulam District granted house site pattas to them as specified hereunder: Name Extent Ac. Cts. Plot No. Survey No. Proceedings of MRO Gujjali Ademma 0.02 74 14/3 D R 165/93, dt.23.10.1993 Yalla Chellamma 0.01 ½ 18 14/3 D R 470/1406 (RC 31/97) GodduNarayanamma 0.01 ½ 120 14/3 D R 472/1406 (RC 31/97) Goddu Narayanamma 0.01 ½ 19 14/3 D R 471/1406 (RC 31/97) Yalla Mutyalamma 0.01 ½ 117 14/3 D R 469/1406 (RC 31/97) Potnuru Sarojini 0.01 ½ 25 14/3P Dt.10.10.1996 Savalapuram Varalakshmi 0.02 99 14/3E D R 193/93 dt.23.10.1993 Sadegana Narayana 0.02 66 14/3E D R 157/93 dt.23.10.1993 Menda Seethamma 0.02 54 14/3E D R 145/93 dt.23.10.1993 Thereafter, the petitioners raised dwelling huts along with thrashing floor, cattle shed, etc. in their respective extents of lands and since then they have been in peaceful possession and enjoyment of them. They have neither violated any terms and conditions of house-site pattas nor alienated the lands in question. Now, their grievance is that the 1st respondent, without issuing any notice to the petitioners, is taking steps to forcibly evict them from the possession of their house-sites. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue and perused the material placed on record. I am of the considered opinion that as long as the house-site pattas granted by the 1st respondent are not cancelled or revoked for violation of any of the terms and conditions of house-site pattas, the petitioners cannot be dispossessed from the lands in question. Hence, this writ petition is disposed of with a direction to the respondents not to dispossess the petitioners from their respective house-sites without following due process of law. No costs. ______________ 28.02.2008 Note: Furnish copy in three days. B/o bcj