THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 25838 of 1996 Order: Seeking a Mandamus to declare the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners over the lands, for which D-Form pattas were granted, without notice as being violative of principles of natural justice, the present writ petition is filed. Petitioners 1 and 2 claim to stand on a different footing from the other petitioners. It is their case that, since they were in possession for the past five decades, the respondents had assigned lands in their favour, granted D-form pattas to them for an extent of 600 sq. ft., and 625 sq. ft., each, that they were asked to pay Rs.35/- per sq. yard as market value in the year 1986, which amount they paid and that the buildings constructed by them on the aforementioned lands did not encroach on the road in question. During the pendency of the writ petition, petitioners 1 and 2 died and their legal representatives, petitioners 7 to 10 and 11 and 12, were brought on record. Pursuant to an interim order passed by this Court, while the buildings of petitioners 1 and 2 as said not to have been demolished, Sri P. Madhusudan Reddy, learned counsel for the petitioners, would submit that the buildings constructed by the other petitioners were demolished on the ground that they encroached into the road margin, that a contempt case was subsequently filed and that this Court, noticing that the temporary structures raised by petitioners 3 to 6 had been demolished prior to receipt of the order, had closed the contempt case. Learned counsel would submit that the respondents had highhandedly sought to throw the petitioners out from their residential houses without notice and without giving them an opportunity of being heard. Learned counsel would further contend that the petitioners ought to have been provided alternative accommodation even in case the respondents wanted to take over possession of the land, that either they should have been granted compensation on the assigned lands being resumed, or should have allotted lands elsewhere for the same extent. Neither is the learned Government Pleader present nor is there any counter affidavit filed by any of the respondents herein. The assertion of the petitioners that they were not put on notice has not been denied by way of a counter affidavit. It is wholly unnecessary for this Court to examine all the other contentions as the action of the respondents has necessarily to be declared illegal for violation of principles of natural justice. Leaving it open to the respondents, if they so choose, to take action for evicting the petitioners from the land in question in accordance with law and, after complying with principles of natural justice, the interim order, staying dispossession of the petitioners, is made the final order in the writ petition and the writ petition is disposed of accordingly. However, in the circumstances, without costs. __________________________ RAMESH RANGANATHAN, J. Date: 03.03.2009 Nsr