IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28628 of 2008 Between: 1 Dokku Pushpavathi W/o. Venkateswarlu R/o. Madaka Village, Pedana Mandal, Krishna District. 2 Srikakulapu Rangamma W/o. Subba Rao R/o. Madaka Village, Pedana Mandal, Krishna District. 3 Kukkala Raghavamma W/o. Laxman R/o. Madaka Village, Pedana Mandal, Krishna District. 4 Seelam Gopamma W/o. Prakasham R/o. Madaka Village, Pedana Mandal, Krishna District. 5 Maddela Shakuntala W/o. Nageswara Rao R/o. Madaka Village, Pedana Mandal, Krishna District. 6 Selam Venkateswaramma W/o. Rama Rao R/o. Madaka Village, Pedana Mandal, Krishna District. ..... PETITIONER(S) AND 1 The Government of A.P. Rep. by its Secretary Revenue Department, Secretariat Buildings, Hyderabad. 2 The Revenue Divisional Officer Machilipatnam Krishna District. 3 The Tahsildar Pedana Mandal Pedana, Krishna District. .....RESPONDENT(S) 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 Writ of Mandamus declaring the action of the respondent authorities in trying to dispossess the petitioner from the lands an extent of Ac.0-23 cents in R.S.No.142/2B3, Ac.0-23 cents in R.S.No.142/2B4, Ac.0-23 cents in R.S.No.142/2B5, Ac. 0-23 cents in R.S.No.142/2B8, Ac.0-23 cents in R.S.No.142/2B9 and Ac.0-23 cents in R.S.No.142/2B12 situated at Madaka Village, Pedana Mandal in Krishna District as illegal, arbitrary, unconstitutional violative of principles of natural justice, consequently direct the respondents not to evict the petitioners from the total extent of land Ac.1-38 cents in R.S.No.142/2B3, 142/2B4, 142/2B5, 142/2B8, 142/2B9, and 142/2B12 situated at Madaka Village, Pedana Mandal in Krishna District without following due process of law. Counsel for the Petitioners: MR.J.SREENIVASA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO. 28628 OF 2008 ORDER: 1. Heard learned counsel for the petitioners as well as learned Government Pleader for Revenue and with their consent this writ petition is being disposed of at this stage. 2. The grievance of the petitioners is that they are assignees of their respective extents of land as stated in the impugned proceedings of Mandal Revenue Officer, Psedana Mandal, Krishna District in R.C.A.No. 282/87, dated 19.1.1988. The petitioners claim that while they are in possession and enjoyment of the aforesaid extents of land, they were threatened with dispossession, whereupon they sent a notice to all the three respondents through their counsel vide notice dated 10.12.2008. Receipt of the said notice was acknowledged by Revenue Divisonal Officer, Machilipatnam, Krishna district and Tahasildar, Pedana Mandal, Krishna District as is evident from the Xerox copies of the postal acknowledgements, which are filed as Ex.P4 in this writ petition. The only grievance of the petitioners is that they may not be evicted from their respective allotted extents of land except by following due process of law and following the principles of natural justice. The grievance of the petitioners, therefore, can be redressed by disposing of this writ petition with the following direction. 3. The respondents 2 and 3 are directed to consider the claim of the petitioners made in their notice dated 10.12.2008, follow due process of law viz., issue of appropriate notice and pass a reasoned order after giving opportunity to them before taking any coercive steps against them. 4. With the aforesaid direction, the writ petition is disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 29.12.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of A.P. Rep. by its Secretary Revenue Department, Secretariat Buildings, Hyderabad. 2 The Revenue Divisional Officer Machilipatnam Krishna District. 3 The Tahsildar Pedana Mandal Pedana, Krishna District. 4. 2 CCs to GP for Revenue 5. 2 CD copies Form-NIC-OGS/WP{KBJ}