IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9997 of 2008 Between: 1 Palnati Venkateswarlu S/o. Subbaiah, Hindu R/o. Ambapuram Village, Nellore Rural Mandal, Nellore District. 2 Palnati Ravi S/o. Subbanaiah, Hindu R/o. Ambapuram Village, Nellore Rural Mandal, Nellore District. 3 Battala Srinivasulu S/o. Subbaiah, Hindu R/o. Ambapuram Village, Nellore Rural Mandal, Nellore District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad. 2 The District Collector, Nellore, Nellore District. 3 The Revenue Divisional Officer, Nellore, Nellore District. 4 The Tahsildar, Nellore, Nellore District. 5 Nellore Municipal Corporation, Rep. by its Commissoner, Nellore, Nellore 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 more particularly one in the nature of writ of Mandamus declare the action of the respondents in dispossessing the petitioners from the lands in S.No. 62/2 for an extent of Ac 1.50 cents each in so far as petitioners 1 and 2 and an extent of Ac 2.00 in so far as third petitioner situated at Ambapuram Village, Nellore Mandal & District without issuing any prior notice to the petitioners and without following due process of law and without evicting the petitioners from the lands amounts to erroneous, arbitrary, and violative of Article 14,19 (1)(G) 21 and 300(A) of Constitution of India besides being violative of principles of natural justice and consequently direct the respondents not to dispossess the petitioners from the lands in S.No. 62/2 for an extent Ac 1.50 cents each in so far as petitioners 1 and 2 and for an extent of Ac 2.00 in so far as 3rd Petitioner situated at Ambapuram Village, Nellore Mandal & District and to pass necessary order or orders Counsel for the Petitioner: MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR REVENUE SRI A.SREEDHAR, SC FOR NELLORE MUNICIPALITY The Court made the following : ORDER: It is the case of the petitioners that they belong to Ambapuram Village, Nellore Rural Mandal. They were granted Eksal lease in the year 1993 and it was extended from time to time and they have paid cist also to the Government and ever since they are in continuous possession of the said lands even though after some years, the lease was not extended. While so, on 3.4.2008 the 5th respondent visited their lands along with his subordinates and attempted to dispossess them from the lands at the instance of the 2nd respondent but, however, at the intervention of the elders the 5th respondent granted them ten days time to vacate the lands. The grievance of the petitioners is that without putting them on notice either under Form I or any other law in force and without following due process of law, the respondents cannot evict them from the lands in question. Therefore, they filed this writ petition seeking a direction to the respondents not to dispossess them from the lands in S.No. 62/2 for an extent of Ac. 1.50 cents each in so far as petitioners 1 and 2 and for an extent of Ac. 2.00 in so far as 3rd Petitioner is concerned situated at Ambapuram Village, Nellore Mandal & District. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and perused the material made available on record. The learned Government Pleader on instructions submits that the petitioners are in possession of the subject matter of the lands but however the authorities intend to initiate action against the petitioners for their eviction from the lands in accordance with law. In view of the above submission, the writ petition is disposed of directing the respondents not to evict the petitioners from the subject matter of lands without following due process of law. N.V.RAMANA,J Dt.01.05.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad. 2 The District Collector, Nellore, Nellore District. 3 The Revenue Divisional Officer, Nellore, Nellore District. 4 The Tahsildar, Nellore, Nellore District. 5 Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, Nellore District. 6. 2 CCs to GP for Revenue, High Court of A.P. Hyd. 7 2CD copies