HON’BLE SRI JUSTICE V. ESWARAIAH W.P. No. 7211 of 2005 DATED: 10.03.2011 Between: S. Moula and 46 others .. Petitioners And 1. District Collector 2. The Revenue Divisional Officer 3. The Mandal Revenue officer .. Respondents O R D E R:- The petitioners assert that they were assigned 2½ cents of land each in S.Nos.227 and 228 situated in Vedantapuram village, Tirupathi Rural Mandal, Chittoor District by the 3rd respondent vide pattas dated 04.12.1992. While so, it is stated that they erected thatched houses on 13.08.2004 in their lands and since then they have been in peaceful possession and enjoyment of the same. Now, the petitioners’ grievance is that the respondents, without issuing any notice or affording any opportunity of being heard, are trying to evict them from the lands in question. Hence, the petitioners have filed the present writ petition seeking appropriate directions. In spite of the fact that no interim direction is given by this Court, the respondents have not filed counter even after a lapse of five years. However, in pursuance of the directions given by this Court by order dated 24.02.2011, the 3rd respondent filed counter affidavit stating that during the year 1993, house-site pattas were granted to 61 beneficiaries belonging to various communities in S.Nos.227 and 228 of Vedanthapuram village, vide VHS.Nos.1 to 61/93, dated 22.05.1993. Out of them, house-site pattas of 14 beneficiaries were cancelled vide proceedings dated 10.01.2000 issued by the 3rd respondent after conducting due enquiry as they were found ineligible. In respect of the petitioners covered under Serial Numbers 1 to 30, it is fact that they were granted house-site pattas in the subject lands but they have not occupied the lands and raised construction within six months from the date of grant of pattas. As per the conditions of grant of house-site pattas, it is mandatory that a house shall be constructed in the land allotted within 6 months from the date of grant of such patta, but the petitioners have violated the conditions of allotment. It is further stated that the petitioners are the residents of Tirupati town and their permanent addresses are not known to ascertain the facts of their bona fides and socio economic status after a lapse of fourteen years and under the guise of D-form pattas held by them, the petitioners are trying to occupy the lands in question. Heard the learned counsel for both the parties and perused the material placed on record. It is to be noted that counter affidavit filed by the 3rd respondent is without reference to either any records or the actual possession. Admittedly, the house-site pattas granted in favour of the petitioners have not been cancelled so far, and no action has been taken against the petitioners for the alleged violation of any terms and conditions of the house-site pattas. The learned counsel for the petitioners has submitted that original D-form pattas granted to the petitioners do not stipulate any specific time or period within which construction of houses shall be completed, and the place where such time or period to be mentioned in the individual pattas, is kept blank, therefore, it cannot be said that the petitioners have violated the terms and conditions for allotment of house-site pattas. Hence, I am not inclined to express any opinion with regard to the rival contentions and merits of the case, however as admittedly the respondents have not initiated any action in accordance with law, for the alleged violation of the conditions for allotment of the house-site pattas, and the prayer of the petitioners seeking a direction not to dispossess them without following due process of law, appears to be innocuous and having regard to the facts and circumstances of the case, this Court deems it appropriate to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over their lands, without following the due process of law. Accordingly, this writ petition is disposed of. No order as to costs. ________________ V. ESWARAIAH, J 10.03.2011 bcj