THE HON’BLE SRI JUSTICE V.V.S.RAO Writ Petition No.4625of 2002 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring action of respondents 1 and 2 threatening to dispossess the petitioners from assigned land of Acs.1.50 cents and Acs.3.00 cents respectively in Survey No.297 of Peddagummaluru Village, S.Rayavaram Mandal, Visakhapatnam District as illegal, arbitrary and for consequential direction to not to dispossess the petitioners. It is a case of petitioners that on 09.11.1992, second respondent assigned an extent of Acs.3.00 cents to second petitioner and Acs.1.50 cents to first petitioner. Subsequently, B-Form Pattas were issued allegedly granting to petitioners. It is alleged that second respondent asked petitioners to vacate the assigned land at the behest of third respondent. His allegation is that the land is part of tank bed. Petitioners contend that the land assigned to them is situated on a higher level and it does not form part of Government tank bed and that without due process of law is followed, they cannot vacate the land. Along with the writ petition, petitioners have enclosed proceedings of second respondent assigning land to petitioners. Therefore, there cannot be any doubt that they cannot be dispossessed nor their assignment can be cancelled without following due process of law. A perusal of the affidavit would show that the writ petition is filed on mere apprehension. Therefore, the writ petition is disposed of observing that until and until petitioners are given notices and informed the reasons, they cannot be dispossessed from the assigned land, if they are still in possession of land and if they are not evicted already. The writ petition is accordingly, disposed of. There shall be no order as to costs. _______________ (V.V.S.RAO, J) August 26, 2009 Bvv