IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 208 of 2009 BETWEEN: Smt. Siva Rudramma W/o. late G.S. Basava Sankaraiah R/o. Rallabudugur Village, & Post, Santhipurtam Mandal, Kuppam Taluk, Chittoor District. ... PETITIONER AND 1 State of Andhra Pradesh Rep. by the District Collector, Chittoor. 2 The Revenue Divisional Officer, Madanapalli, chittoor District. 3 The Tahsildar, Santhipuram Mandal, Chittoor 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in dispossessing the petitioner from the land in S.No.130/1 to an extent of Ac. 1.15 cents of Rallabudugur Vuillage and in S.No.128 to an extent of Ac. 10.95 cents of Rallabudugur Village, Santhipuram MAndal, Kuppam, Chittoor District as illegal, improper, unjust, contrary to law and violative of Article 300-A of the Constitution of India and further direct the respondents not to dispossess the petitioner from the patta land in question without following the due process of law and pass such other order or orders. Counsel for the Petitioner: MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondents in dispossessing her from the land in S.No.130/1 to an extent of Ac.1.15 cents of Rallabudugur Village and in S.No.128 to an extent of Ac.10.95 cents of Rallabudugur Village, Santhipuram Mandal, Kuppam, Chittoor District as illegal and arbitrary. 2. Petitioner submits that her grand father purchased an extent of Ac.1.15 cents of land in S.No.130/1 situated in Rallabuduguru village, Santhipuram Mandal, Kuppam, Chittoor District, vide sale deed dated 11.11.1923. The father of the petitioner being the only son of her grand father and the petitioner and her sister being the daughters of her father, they have been in continuous possession and enjoyment of the said land. She further submits that when there was interference by a private party, a suit was filed and the same had been decreed. After abolition of Zamindari estate, a re-survey and settlement has been conducted by the Government and the land in question was assigned Survey No.130/1 of Rallabudugur village and the said land is a patta land of the petitioner. While so, the Tahsildar of Santhipuram Mandal issued a notice dated 16.09.2008 directing the petitioner to produce all the relevant documents on the next day itself at the place of the site for the purpose of surveying the same. 3. Petitioner further submits that she submitted a representation to the aforesaid notice on 21.10.2008 and that even before passing any final orders and without giving any reasonable opportunity, the said land of the petitioner is sought to be assigned for house sites for house-less poor. She further submits that it is a patta land and not Government land and the Government has no authority to deprive the petitioner from the possession and enjoyment of the same. 4. I am not inclined to express any opinion with regard to the merits of the case, as the impugned notice is only a notice for verification of the records and it is not a notice under the Andhra Pradesh Land Encroachment Act or any other enactment. However, without passing any final orders and communicating the same, the petitioner cannot be dispossessed. 5. Having regard to the facts and circumstances of the case, the respondents are directed not to dispossess the petitioner from the said land in question without following the due process of law and without communicating the final orders passed against the petitioner. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 12, 2009 DSK/HAR