IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3127 of 2008 Between: 1 Ippaka Narsayamma, W/o Chandra Rao, Hindu, R/o.Bheemunipatnam Visakhapatnam District. 2 Pilli Papayamma,W/o. Srirama Murthy, Hindu R/o.Bheemunipatnam Visakhapatnam District. 3 Bora Mariya , W/o Srirama murthy, R/o.Bheemunipatnam Visakhapatnam District. 4 Pilli Venkata Lakshmi,W/o. Late Yerraiah, Hindu R/o.Bheemunipatnam Visakhapatnam District. ..... PETITIONERS AND 1 The District Collector, Visakhapatnam District, Visakhapatnam. 2 The Revenue Divisional Officer, Visakhapatnam District, Visakhapatnam. 3 The Visakhapatnam urban Development Authority rep.by its Special Officer Visakhapatnam. 4 The Tahsildar, Visakhapatnam Rural, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents particularly the 4th respondent in interfering with petitions possession and enjoyment of the land to an extent of Ac.3.96 cents in Sy.No.370/3 of Madhurawada, Visakhapatnam, Visakhapatnam Distr5ict as illegal, arbitrary and violative of Art.14,19 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with petitioners possession and enjoyment of the said land and pass such other order or orders as this hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.K.CHIDAMBARAM Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3127 of 2008 ORDER: It is the case of the petitioners that their father namely one Late G.Suryanarayana was assigned the land admeasuring Ac.3-96 cents in Sy.No.370/3 situated at Madhurawada, Visakhapatnam, vide D.R.No.118/71, dated 30-10-1970, and after the death of their father on 11-12-1995, the petitioners being the legal heirs, succeeded to the said land and they are in continuous possession and enjoyment of the said land. While so, the petitioners are sought to be dispossessed from the land in question on 11-02- 2008, as the said land is required for public purpose. Even, if the said land is required for public purpose, I am of the opinion that unless required compensation is paid for the said assigned land, the petitioners cannot be dispossessed from the land in question. Even, if there is any violation of terms and conditions of assignment or the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, unless appropriate action has been taken in accordance with law, the petitioners cannot be deprived of their right to enjoy the property. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the land in question without following due process of law. There shall be no order as to costs. ___________ 21-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}