IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7035 of 2008 Between: 1 Mamuduru Penchalaiah S/o.Karraiah R/o.Thopugunta village Kaluvoy Mandal Nellore District 2 Mamuduru China Penchalaiah @ Chinna Abbaiah S/o.Karraiah R/o.Thopugunta village Kaluvoy Mandal Nellore District ..... PETITIONER(S) AND 1 The District Collector, Nellore Nellore District 2 The Tahsildar, Kaluvoy Mandal Nellore 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 to issue any writ order or direction more particularly one in thenature of writ of mandamus declaring the action of the respondents in dispossessing the petitioners from the schedule land in an extent of Ac.2.49 cents in SY.No.403-1A belonging to the 1st petitioner of Thopugunta village,Kaluvoy Mandal, Nellore district is illegal, arbitrary,and violation of the Art.14 and 21 of the Constitution of India and consequently direct the respondents not to interfer with the possession of the land in an extent of Ac.2.49 cents in Sy.No.403-1A belonging to the 1st petitioner and in an extent of Ac.2.49 cents in SY.No.403-1B belonging to the 2nd petitioner of Thopugunta village, Kaluvoy Mandal ,Nellore district without following due process of law and pass Counsel for the Petitioner:MR.S.LAKSHMINARAYANA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7035 of 2008 ORALORDER: This writ petition is filed questioning the action of the respondents in trying to dispossess the petitioners from their land admeasuring Ac.2.49 in Survey No.403-1A and Ac.2.49 in survey No. 403-1B respectively, Thopugunta village, Kaluvoy mandal, Nellore district, without following the due procedure of law as illegal and arbitrary. The case of the petitioners is that land admeasuring Ac.4.98 in survey no.403-1, Thopugunta village, Kaluvoy mandal, Nellore district was granted to their father vide DKT patta No. 327 dated 16.7.1970 and pursuant to his death in the year 1987, the petitioners being legal heirs have shared the said land equally. The petitioners claim that initially their father and after his death, they are in continuous possession and enjoyment and cultivating the subject land. It is also stated that the second respondent has issued 10 (1) Adangal to them for the fasli 1414 to 1417 recognizing their possession over the land to an extent of Ac.2.49 each. Now the grievance of the petitioners is that though the patta granted to their father on 16.7.1970 is in existence, the second respondent without following due process of law is trying to dispossess them from the subject land. Hence, the present writ petition. Today when the matter is taken up, learned Assistant Government Pleader for Revenue on instructions submitted that though patta to the father of the petitioners was granted for the land admeasuring Ac. 4.98 cents, the petitioners are in possession of land only to an extent of Ac.2.60 cents and the rest of the land is in possession of another person. He further submitted that so far, respondents have not cancelled the patta and if respondents intend to cancel the patta or take back the possession, due process contemplated under law, would be followed. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage. Having regard to the facts and circumstances of the case and in view of the agreed stand taken by both the counsel, I deem it appropriate to dispose of the writ petition with the following direction. The respondents are directed not to interfere with the possession of the petitioners over the subject land. In case, the respondents intend to take any action against the petitioners for cancellation of the patta or to evict them from the subject land, they must follow due procedure contemplated under law. Accordingly, the writ petition is disposed of. No costs. _____________ N.V.RAMANA,J DATE: 1.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7035 of 2008 Date: 1.4.2008