IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 2364 of 2003 Between: 1 Peddapalli Rajaiah S/o.Durgaiah R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 2 Ashadam Mallamma W/o.Nagaiah R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 3 Ashadam Nagaiah S/o.Rajaiah R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 4 Ashadapu Pochalu (died) rep.by her daughter-in-law Ashadapu Kanthamma W/o.Venkati R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 5 Bakka Ankosh S/o.Sailu R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 6 Kaluvala Mallaiah S/o.Sailu R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 7 Kaluvala Madunamma w/o.Rahaiah R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 8 Kaluvala Shankaraiah S/o.Erra Ankoosh R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 9 Kaluvala Rajamma W/o.Polchamallu R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 10 Kaluvala Durgaiah S/o.Sailu R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. 11 Lanka Kotaiah S/o.Sailu R/o.Poosala village,Sulthanabad Mandal,Karimnagar Dist. ..... PETITIONERS AND 1 The Mandal Revenue Officer Sulthanabad Mandal Karimnagar District. 2 The Revenue Divisional Officer Peddapally Karimnagar District. 3 The District Collector Karimnagar District. .....RESPONDENTS 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, order or direction, more particularly one in the nature of the Writ of Mandamus: i) Declaring the action of the Respondent authorities in trying to dispossess the petitioners from the land in Sy.No.229/1 or Poosala village, Sulthanabad Mandal, Karimnagar District as arbitrary, illegal, violative or Article 14, 21 & 300A of the Constitution of India. Counsel for the Petitioners: MR.A.SUDERSHAN REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU Writ Petition No.2364 of 2003 Order: This writ petition is filed seeking a writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from their respective lands situated in Survey No.229/1 of Poosala Village, Sulthanabad Mandal, Karimnagar District, as arbitrary and illegal. The petitioners claim that they belong to Scheduled Caste Community and it is their case that they were allotted small extents of land admeasuring Acs.39.06 guntas situated in Survey No.229/1 of Poosala Village, Sulthanabad Mandal, Karimnagar District, along with others, numbering 64, prior to 1973, and since then, they have been in possession, which is reflected in the Pahanies from the year 1973 onwards. It is their further case that the said land was allotted as a welfare measure to enable them to cultivate the same. While that being so, in the last week of January, 2003, personnel from the office of respondents came to the land in question and tried to evict the petitioners, without following due process of law. On enquiry, it was informed that the respondents are trying to allot the land in question to third persons, which is arbitrary and illegal. Hence, the present writ petition. There is no necessity to go into all the details. It is suffice to notice that at para-2 of the counter affidavit filed by the respondents, it is stated that the land in Survey No.229/1 belongs to Government, that the petitioners are illegal occupants and that the said land was never assigned in favour of the petitioners. However, even if the petitioners are in illegal possession, the respondents cannot dispossess them, without following due process of law. Under those circumstances, without expressing any opinion on merits, the writ petition is disposed of directing the respondents not to dispossess the petitioners from their respective lands, without following due process of law. No order as to costs. ____________ C.V. Ramulu, J Date:05.06.2009 VGB