IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No : 4881 of 2008 Between: 1 Sunkara Narayana, S/o. late Suranna, Hindu, R/o.Jaggampeta Village and mandal, East Godavari District. 2 Sunkara Veerababu, S/o. late Suranna, Hindu, R/o.Jaggampeta Village and mandal, East Godavari District. ..... PETITIONERS AND 1 District Collector, East Godavari at Kakinada. 2 Land Acquisition Officer-Cum-Revenue Divisional Officer, Peddapuram, East Godavari District. 3 Special Deputy Collecotr, Pushkar Project, Peddapuram, East Godavari (D) . 4 Tahsildar,Gandepalli, Gandepalli Mandal, East Godavari District. 5 Prasad and Company represented by its Deputy Engineer, Jaggampeta, Jaggampeta Mandal, East Godavari 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 Writ of Mandamus or any appropriate Writ or Order, declaring the proposed action of the respondents in trying to dispossess the petitioners herein from their peaceful possession and enjoyment of their patta land measuring Ac.2.55 cents in R.S. No. 79/1 and 79/2 situated at Surampalem Village,Gandepalli Mandal, East Godavari District, without following due process of law, as illegal, arbitrary and violative of principles of natural justice and for a consequential order to drop all further proceedings including dispossession of the petitioners from their above mentioned patta lands and to pass such other order or orders as this Hon'ble Court deems fit and proper. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No1, 2, & 4.: GP FOR REVENUE Counsel for the Respondent No.3 : G.P. for Land Acquisition. The Court made the following : ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the proposed action of the respondents in trying to dispossess the petitioners from their peaceful possession and enjoyment of their patta land measuring Ac.2.55 cents in R.S.No.79/1 and 79/2 situated at Surampalem village, Gandepalli Mandal, East Godavari District, without following due process of law, as illegal and arbitrary and consequently direct the respondents to drop all further proceedings including dispossession of the petitioners from the land in question. The grievance of the petitioners is that the respondents, without issuing any notice and without following due process of law, are trying to dispossess them from the land in question. Heard both sides. Since the petitioners are claiming rights over the property in question, at the outset, this Court is of the view that they have to establish their title before the respondent authorities and if they are able to establish their title, they can be evicted only after following due process of law. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with a direction to the respondents to enquire about the claim of the petitioners with regard to ownership of the land in question and in case the petitioners are able to establish their title or possession of the land in question, they shall not be evicted from the land in question without following due process of law. No costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 07-03-2008 Gsn. To 1 District Collector, East Godavari at Kakinada. 2 Land Acquisition Officer-Cum-Revenue Divisional Officer, Peddapuram, East Godavari District. 3 Special Deputy Collecotr, Pushkar Project, Peddapuram, East Godavari 4 Tahsildar,Gandepalli, Gandepalli Mandal, East Godavari District. 2CCs to 2 CD copies