THE HONOUABLE SRI JUSTICE V.ESWARAIAH W.P. No. 2395 of 2008 Date:11-02-2008 Between: Aripaka Nukalu .. PETITIONER AND The District Collector, Visakhapatnam and two others .. RESPONDENTS ORDER: The petitioner seeks a writ of mandamus declaring the action of the respondents threatening to dispossess him from the suit schedule land without issuing any notice, as illegal and arbitrary and consequently to direct the respondents not to dispossess him vide D- form patta D.R.No.117/94, dated 05.02.1994 in their respective survey numbers of Aripaka village, Sabbavaram mandal, Visakhapatnam District as issued by the 3rd respondent. It is the case of the petitioner that he was assigned with an extent of Ac.0.71 guntas in Sy.Nos.124/17 and 124/18 of Aripaka village, Sabbavaram mandal, Visakhapatnam District vide D.form patta D.R.No.117/94, dated 05.02.1994 and from the date of possession of the said land in favour of the petitioner who is a landless poor, he is in continuous possession and enjoyment of the same. It is stated that he has not alienated or violated any terms and conditions of the D.form patta under the A.P. Assigned Lands (Prohibition and Transfers) Act. It is stated that while so, the petitioner is sought to be dispossessed from the said land without following due process of law. If the said land is required for the public purpose, it is open for the respondents to resume the same land by paying exgratia, compensation as well as solatium, additional market value under the Land Acquisition Act, but without following due process of law, the petitioner shall not be dispossessed from the said land. Having regard to the facts of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioner from his land without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:11.02.2008 Ccm