THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.30304 of 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the respondents in seeking to evict the petitioners from the lands assigned to them in Sy.No.255, and its sub-divisions, of Chimata Village, Marripudi Mandal, Prakasam District, as being illegal and arbitrary. The petitioners, 9 in number, are said to have been assigned house sites by the then Tahsildar, Podili Mandal, Prakasam District in the year 1994. It is their grievance that, even without putting them on notice and without giving them an opportunity of being heard, they were sought to be evicted from the subject lands, and their thatched houses removed. This Court, by order dated 21.11.2011, granted stay of demolition of the structures till 25.11.2011. A counter aﬃdavit is ﬁled by the third respondent, wherein it is asserted that the subject lands are vacant; though the petitioners were assigned house sites, they had failed to comply with the conditions of assignment of constructing houses within one year; and, for violating the conditions of assignment, necessary action would be taken under the Board Standing Orders for cancellation of the assignment, and for resumption of the subject lands. S r i N.Subba Rao, Learned Counsel for the petitioners, would submit that the petitioners had constructed thatched houses; the said thatched houses were demolished; the debris was sold for Rs.13,000/-; and, if the records of the Panchayat are directed to be produced, it would show that the petitioners had earlier erected thatched houses in the subject lands. While this Court is not denuded of the power, in an appropriate case, to cross-examine the deponents of the aﬃdavits, ordinarily adjudication is conﬁned on the basis of the aﬃdavits ﬁled by either side. In the light of the speciﬁc denial that any structures are in existence on ground, it would be wholly inappropriate for this Court to record a ﬁnding thereupon. Suﬃce to observe that if the petitioners have any grievance in this regard, the remedy is by way of a civil suit before the competent Civil Court claiming damages. The fact that the petitioners’ were assigned house sites is not in dispute. As long as the assignment continues to remain in force, it is not open to the respondents to forcibly evict the petitioners from the subject lands. Leaving it open to the respondents to take necessary action, in accordance with law, in case they are of the opinion that the conditions of assignment have been violated, it is made clear that the petitioners shall not be dispossessed till then. Since it is asserted that there are no thatched houses on the ground, I consider it appropriate to direct the petitioners also not to resort to any construction for a period of four months from today within which period the respondents shall take necessary action in accordance with law. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:03.12.2011 usd