THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.15945 of 2008 ORDER: Although the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for the parties, this Writ Petition itself is taken up for hearing and being disposed of by this order. This Writ Petition is filed with the prayer, which reads as under: “For the reasons stated in the affidavit accompanying this Writ Petition, it is prayed that this Hon’ble Court may be pleased to issue a writ or order or direction, especially one in the nature of Writ of Mandamus: i) declare the action of the respondents and their subordinates in trying to allot petitioners lands admeasuring 36 guntas in Sy.No.11/B and Acres 1.37 guntas in Sy.No.12 respectively of Manakondur Village and Mandal, Karimnagar District by making into residential plots for distribution of beneficiaries of Indiramma Pathakam, Phase-III, without resorting to any acquisition proceedings, as illegal and arbitrary ii) Consequently direct the respondents not to interfere with petitioners possession of lands admeasuring 36 guntas in Sy.No.11/B and acres 1.37 guntas in Sy.No.12 respectively of Manakondur Village and Mandal, Karimnagar District, without adopting due process of law.” It is the case of the petitioners that though they are owners and possessors of lands admeasuring Ac.0.36 guntas and Ac.1.37 guntas covered by Survey Nos.11/B and 12 respectively, of Manakondur Village and Mandal, Karimnagar District, the respondents are taking steps to dispossess them from the said lands to utilize the same for house sites, without following due process of law. In the counter-affidavit filed by the third respondent – Tahsildar of Manakondur Mandal of Karimnagar District, it is admitted that the lands in question are patta lands of the petitioners. However, it is stated that the said lands are adjacent to the Village and suitable for providing house-sites under Indiramma Programme III Phase. It is also stated that when the proposals are at draft notification stage, the petitioners approached this Court and obtained interim orders. As per the counter-affidavit, the lands in question are patta lands. Therefore, unless the respondents notify such lands under the Land Acquisition Act, 1894, possession of the petitioners cannot be interfered with. In that view of the matter, in view of the stand of the third respondent in the counter-affidavit, I deem it appropriate to direct the respondents not to interfere or dispossess the petitioners from the lands in question as otherwise than due process of law. It is made clear that if the said lands are required for any other public purpose, this order will not preclude the respondents to take steps for acquisition of the same in accordance with law. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 26th JULY, 2011. kvni