IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27210 of 2008 Between: 1 Venkatesulu S/o.Balappa R/o.Patrapally Village, V.Kota Mandal, Chittoor District. 2 B.V.Srinivasulu S/o.Venkata Swamy R/o.Patrapally Village, V.Kota Mandal, Chittoor District. ..... PETITIONERS AND 1 The Tahsildar, Venkatagirikota Mandal, Chittoor District. 2 The Sub-Collector, Madanapalle, Chittoor District. 3 The District Collector, Chittoor, 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 will be pleased to issue a Writ or Direction particularly one in the nature of Mandamus declaring the action of the respondent in evicting the petitioners from their lands in Survey Nos. 388-1E, 389-1B, 390-2, 366- 1, 367-4, admeasuring an extent of 0.60 cents, Ac.2.01 cents, 0.65 cents, 0.25 cents, 0.05 cents, respectively of Patrapalli village, V.Kota Mandal, is highly illegal, arbitrary and violative of Article 14, 19 (1) (g) and 21 of the Constitution of India and restrain the respondents from proceeding further in pursuance of the said action and pass such other or further orders. Counsel for the Petitioners: MR.B.PURUSHOTHAMA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY Writ Petition No. 27210 of 2008 Order: The petitioners were granted D-Form pattas in respect of different extents of Government land in the year 1990. They were also issued pattadar passbooks. The first respondent issued show cause notice dated 30th April 2008 requiring the petitioners to explain as to why the land assigned to them should not be resumed to Government for providing house sites to poor. The petitioners claim that they have submitted explanations. Their grievance is that the respondents are trying to evict them without passing any orders. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The respondents recognized that the petitioners were granted D-Form pattas. On the ground that the land is needed for public purpose, they wanted to resume the land. Show cause notice was issued and the petitioners also submitted their explanation. The petitioners cannot be dispossessed without passing orders on the basis of explanation submitted by them. The petitioners apprehend that they may be dispossessed soon after the orders are passed. In the circumstances, the writ petition is disposed of directing that the respondents shall not evict the petitioners from the lands assigned to them unless and until final orders are passed in pursuance of the show cause notice dated 30th April 2008, and in case any orders, adverse to the interest of the petitioners, are passed, taking of possession shall be deferred for a period of 15 days from the date of service of such orders. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Date: 11.02.2009 Nsr