IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 62 of 2009 Between: 1 Pothana Babu Rao S/o.Lakshmaiah R/o.Guduru village & Mandal Krishna district 2 Pothana Poornachandra Rao S/o.Lakshmaiah R/o.Guduru village & Mandal Krishna district 3 Pothana Peddareddemma S/o. Lakshmaiah R/o.Guduru village & Mandal Krishna district ..... PETITIONER(S) AND 1 The Tahsildar, Gudur Mandal, Krishna District 2 The Mandal Surveyor,Gudur Mandal Krishna District 3 The Village Revenue Officer, Gudur Mandal Krishna 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 order or direction particularly one in the nature of writ of mandamus declaring the action of respondents in interfering with petitioners peaceful possession and enjoyment of their agricultural double crop wet lands in an extent of 73.88 and 76 cents in S.No.424/1 situated in Gudur village and Mandal, Krishna District without following the procedure is illegal, arbitrary, and violative of principles of natural justice and contrary to Article 14 and 300A of Constitution of India and consequently direct the respondents to follow the procedure before taking any action in respect petitioners property in any manner and to pass Counsel for the Petitioner:MRP.RAJASEKHAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following Order: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 62 of 2009 ORDER: The case of the petitioners is that they are the absolute owners and possessors of the agricultural lands of an extent of Ac.0.73 cents, Ac.0.88 cents and 76 cents in Sy.No.424/1 situated in Gudur Village, Krishna District, that the Tahasildar, Gudur Mandal, had also issued pattadar pass books bearing patta Nos.274, 275 and 276 in their favour in respect of the said lands and they are also paying cist receipts regularly. It is stated that on the western side of their lands, there is a donka, width of 14 feet, that on the further western side of the donka, there is a residential colony earmarked for the villagers and that the said donka is being used for ingress and egress and as a path-way. Petitioners grievance is that the respondents, without any justification, are trying to interfere with the possession and enjoyment of their lands. I am not inclined to express any opinion with regard to the nature of the case and whether the petitioners have encroached upon the government land under the guise of the pattadar pass books issued in their favour. But, even assuming that they have encroached a portion of the land, without taking recourse under Land Encroachment Act or under any Act, the petitioners cannot be dispossessed. The writ petition is disposed of directing the respondents not to dispossess the petitioners from the lands in an extent of Ac.0.73 cents, Ac.0.88 cents and 76 cents in Sy.No.424/1 situated in Gudur Village, Krishna District, covered by pattadar pass books bearing patta Nos.274, 275 and 276 without following due process of law. No order as to costs. ________________ V.ESWARAIAH, J Dt:07.01.2009 usd