IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO: 18196 of 2008 Between: 1 Jothula Nagaraju S/o.Subbanna R/o.D.No.10/11,Ashok Nagar,Badvel Village and Mandal Kadapa District 2 Mereddi Vijayamma W/o.Bhaskar Reddy R/o.D.No.1/96, Venkatasettipalli Badvel Mandal, Kadapa District 3 Gandham Sarada W/o.Narasimhulu R/o.D.No.Sumithra Nagar Badvel Mandal, Kadapa District 4 Poola Allahabaksh W/o.Faqruddin R/o.D.No.10-6 Siva Nagar Badvel Mandal, Kadapa District 5 Shaik Rahamathunnisa W/o.Shaik Abdul Gafoor R/o.Chennampalli village Badvel Mandal, Kadapa District 6 Syed Khadirunnisa W/o.Hidayathulla R/o.Chennampalli village Badvel Mandal, Kadapa District 7 Machupalli Krishna Reddy S/o.Rama Chandra Reddy R/o.Chennampalli village Badvel Mandal, Kadapa District 8 Venkata Swamy Reddy S/o.Gangi REddy R/o.H.No.12/258,GandhiNagar Madakalavari Palli Village Badvel Mandal, Kadapa District 9 Bodduboina Mahalakshumma W/o.Raja R/o.H.No.2/34,Patimidapalli Jannavaram village Badvel Mandal, Kadapa District 10 Eedala Savithri W/o.Narasimhulu R/o.D.No.2/39A Patimidapalli Badvel Mandal, Kadapa District 11 M.Nagaiah S/o.M.Chinna Venkata Subbaiah R/o.Chennampalli village Badvel Mandal, Kadapa District 12 Thogurukunta Hussain Sab S/o.Hussain Sab R/o.Chennampalli village Badvel Mandal, Kadapa District 13 Bollu Hari Babu S/o.Narasimhulu R/o.D.No.15/172,Venkataiah Nagar Badvel Mandal, Kadapa District 14 Maramreddi Gangamma W/o.Penchal Reddy R/o.Sumitra Nagar Chennamaplli vilage Badvel Mandal, Kadapa District 15 Joorakala Subba Reddy S/o. Chinna Thirupal Reddy R/o.D.No.17/56., Mangala Street, Badvel Mandal, Kadapa District 16 Shaik Masthan S/.o.Faqruddin R/o.D.No.13/180, Sumitra Nagar Badvel Mandal, Kadapa District 17 Pathipati Saraswathi W/o.Ramanaiah R/o.D.No.10/267, Ashok Nagar Badvel Mandal, Kadapa District 18 Gajulapalli Ramachandra Reddy S/o.Sesha Reddy R/o.Chennampalli village Badvel Mandal, Kadapa District 19 Bejivemula Padvathamma W/o.Ramana Reddy R/o.D.No.1/19 Chintalacheruvu Badvel Mandal, Kadapa District 20 Samudrala Saraswathi W/o.Pullaiah R/o.D.No.7/727, Anjeneya Nagar Gopavaram mandal, Kadapa District 21 Peruru Gayatri W/o.Mallikarjuna Gupta R/o.D.No.7/866 Anjeneya Nagar Gopavaram mandal, Kadapa District 22 Jiddu Venkata Subbamma W/o.Ganganna R/o.D.No.10/11 Ashok Nagar Badvel Mandal, Kadapa District ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, rep.by its District Collector Kadapa,Kadapa District 2 The REvenue Divisonal Officer, Jammalamadugu Revenue Division, Jammalamadugu, Kadapa District 3 The Circle Inspector of Police, Badvel Police Station Badvel,Kadapa District 4 The Thasildar,badvel Mandal,Badvel Kadapa District .....RESPONDENT(S) 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 to issue an appropriate order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with the petitioners rights over the House Sites in an extent of Ac.0.04 cents each in Sy.Nos.1768 and 1772 of Chennampalli ,Badvel Town assigned in their favour through the DKT pattas dated 25.2.2008 as arbitrary,illegal,highanded and violative of the principles of natural justice apart from being violative of the fundamental rights guaranteed to the petitioners under Articles, 14,19 and 21 of Constitution of India and consequenlty direct the respondents not to interfere with the petitioners rights over the House Sites in an extent of Ac.0.04 cents each in Sy.Nos.1768 and 1772 of Chennampalli,Badvel Town without following due process of law and pass Counsel for the Petitioner: MR. V.R.REDDY KOVVURI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 18196 of 2008 Oral order: The petitioners state that they were granted house site pattas in an extent of Ac. 0.04 cents each in Sy. Nos. 1768 and 1172 of Chennumpalli Badvel Town, vide DKT pattas dated 25.02.2008. That when they were about to start construction of the houses in the said house sites, the respondents directed them not to make constructions and threatened them to dispossess them from the said house sites contending that some ineligible persons were granted house site pattas. The petitioners state that as on today, the house site pattas granted to them are not cancelled, and the respondents, merely basing on the newspaper reports that some ineligible persons were granted house site pattas, are trying to interfere with their construction of the houses in the house sites in question and dispossess them. Hence, the petitioners seek appropriate directions. The learned Assistant Government Pleader for Revenue appearing on behalf of the respondents on instructions submitted that as on today, the house site pattas granted in favour of the petitioners are not cancelled, and that in the enquiry conducted by the respondents, they found that some ineligible persons were granted house site pattas, and that on the basis of the enquiry report, they would initiate action for cancellation of the house site pattas granted to ineligible persons. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. Prima facie, the material placed before the Court shows that the petitioners were granted house site pattas. As on today, as admitted to by the learned Assistant Government Pleader for Revenue, the house site pattas granted to the petitioners are not cancelled. Since the house site pattas granted in favour of the petitioners are not cancelled, the respondents are not entitled to interfere with the possession of the house sites granted to them. If the respondents intend to take action on the basis of the enquiry report for cancellation of the house site pattas of ineligible persons, they are at liberty to do so only after following the due process of law, but as long as the house site pattas granted in favour of the petitioners remain in force, the respondents cannot interfere with their possession of the house sites in question. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 26th August, 2008. KSR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}