IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24840 of 2004 Between: 1 Gangavarapu Anasurya, W/o. Venkata Ramaiah, R/o. Sannamuru Revenue Village, Ankepalli Gram Panchayat, Marripudi Mandal,Prakasam District. 2 Butlagunta Padma, W/o. B. Haribabu, R/o. Sannamuru Revenue Village, Ankepalli Gram Panchayat, Marripudi Mandal, Prakasam District. 3 Butlagunta Venkata Ratnam, W/o. B. Rama Rao, R/o. Sannamuru Revenue Village, Ankepalli Gram Panchayat, Marripudi Mandal,Prakasam District. 4 Mandalapu Ramadevi, W/o. Koteswara Rao, R/o. Sannamuru Revenue Village, Ankepalli Gram Panchayat, Marripudi Mandal, Prakasam District. ..... PETITIONERS AND 1 The District Collector, Prakasam District, Ongole. 2 The Revenue Divisional Officer, Kandukuru Division, Kandukuru, Prakasam District. 3 The Mandal Revenue Officer, Marripudi Mandal, Marripudi, Prakasam 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 WRIT OF MANDAMUS, directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners in respect of Ac.4-73 cents of land of first Petitioner, Ac.1-90 cents of land of 2nd petitioner, Ac.2-16 cents of land of 3rd petitioner and Ac.1-46 cents of land of 4th petitioner, in patta No.15 and Sy.No.263, situated at Sannamuru Revenue Village, Ankepalli Gram Panchayat, Now Marripudi Mandal, Prakasam District, and further direct the Respondents not to assign the land or in any way alienate the lands of the petitioners to others. Counsel for the Petitioner : Mr.P.KRISHNA REDDY Counsel for Respondents : G.P. FOR REVENUE The Court at the stage of admission made the following : ORDER: The petitioners claim that their father has purchased land in an extent of Ac.4-73 cents, Ac.1-90 cents, Ac. 2.16 cents and Ac.1.46 cents in patta No.15 in survey No.263, Sannamuru Revenue village, Ankepalli Gram Panchayat under a registered sale deed dated 10-6-1959 and they are in continuous possession and enjoyment of the same. It is further stated that his father, before his death, has given the said properties to the petitioners herein and on his death, the petitioners are stated to be in possession and cultivating the same. While so, it is alleged that the third respondent has visited the subject lands and informed that the said lands are going to be assigned to the people belonging to SC, ST and weaker sections under the policy of the Government to distribute one lakh acres of land. Questioning the said action of the respondents, the present writ petition is filed on the ground that the said lands are private lands and without following due process of law, they cannot be evicted. Heard the learned counsel for petitioner and learned Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage. Since the petitioners allege that the subject lands are private properties and respondents are trying to evict them without following due process of law, I deem it appropriate to dispose of the writ petition directing respondents to conduct an enquiry and pass appropriate orders in accordance with law, expeditiously. Till such time, the petitioners shall not be dispossessed from the subject lands. However, if the subject lands are Government lands, the respondents are at liberty to proceed further in the matter, in accordance with law. No costs. _____________ N.V.RAMANA, J Date: 30.12.2004 TVK/DA To 1 The District Collector, Prakasam District, Ongole. 2 The Revenue Divisional Officer, Kandukuru Division, Kandukuru, Prakasam District. 3 The Mandal Revenue Officer, Marripudi Mandal, Marripudi, Prakasam District. 4 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT). 5 Two CD copies.