IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4270 of 2008 Between: 1 Allaparthy Venkata Ratna Rao S/o.Allaparthy Venga Rao R/o.D.No.1-56, Allaparru village Nagaram Mandal, Guntur District 2 Dara Siva Satyavathi W/o.Dara Venkata Ratna Rao R/o.D.No.1-56, Allaparru village Nagaram Mandal, Guntur District 3 Mandali Ratna Kumari W/o.Mandali Ankalu Rao R/o.D.No.1-56, Allaparru village Nagaram Mandal, Guntur District ..... PETITIONERS AND 1 The Government of Andhra pradesh, rep.by its principal Secretary, Revenue Dept., Secretariat, Hyderabad 2 The Joint Collector, Collectorate, Guntur, Guntur District 3 The Revenue Divisional Officer, Nazarpeta, Opp: Court Complex, Tenali, Guntur District 4 The Tahasildar, Taluk office, Nagaram, Guntur 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 a writ one in the nature of writ of mandamus or any other appropriate writ direction or order declaring the action of the second respondent in acquiring the land to an extent of Acres 2.50 cents in SY.Nos.495/2 to 6 situated at Allaparru village, Nagaram Mandal, Guntur District belonging to the petitioners without following due process of law as arbitrary, illegal, and violative of principles of natural justice and consequently direct the respondents not to dispossess the petitioners from the above said land. Counsel for the Petitioners: Mr.B.VISWANATHA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. It is the case of the petitioners that the 1st petitioner is the owner and possessor of an extent of Ac.3.55 cents; 2nd petitioner is the owner of an extent of Ac.2.00; and 3rd petitioner is the owner of Ac.1.00 of land in Sy.Nos.495/2, 3, 4, 5, & 6 and the said land is not a Government land or an assigned land but however the said private patta land is sought to be taken away for distribution of house sites under the ‘Indiramma Housing Programme’. 3. I am not inclined to express any opinion whether the said lands are the assigned lands or Government poramboke lands. If the said lands are assigned lands even though the pattadar pass books and title deeds have been issued no right can be conferred on the patta lands and it is always open for the Government to resume the said lands if there is any violation of the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977. If they are Government lands it is open for the respondents to take appropriate action to summarily evict the encroachers under the A.P.Land Encroachment Act, 1905 by issuing a notice. 4. Having regard to the facts and circumstances, without expressing any opinion with regard to the merits of the case, respondents 3 and 4 are directed not to dispossess the petitioners without following due process of law. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 29th February, 2008 Tsy To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}