THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P. No. 22440 of 2002 Dated. 20–01-2011 Between: Chedalavada Papa and others. …Petitioners Vs. The State of Andhra Pradesh rep., by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 22440 of 2002 ORAL ORDER: The writ petition is misconceived. It alleges illegal conduct by the respondents in seeking to evict them from possession of small extents of agricultural lands in Tadimalla village, Nidadavolu Mandal, West Godavari Distritct, pending consideration of issue of ‘D” Form pattas to them. The 4th respondent – the Mandal Revenue Officer, Nidadavolu Mandal has filed a counter affidavit along with several annexures. It is stated that this Court by the order dated 24-02-1997 disposed of W.P.No.1435 of 1994 filed by Koppula Subba Rao and others, residents of Tadimalla village, Nidadavolu Mandal, West Godavari District wherein a direction was sought to remove all illegal encroachments in ‘Ava Tank’ in Tadimall and Korumamidi villages and for a further direction to stop discharge of effluents into the tank by M/s. Modern Roofings Limited, Tadimalla village. This Court by the order dated 24-02-1997 had disposed of the writ petition directing the respondents herein (the respondents in that writ petition as well) to remove all encroachments in the ‘Ava Tank’. Subsequently some more Writ Petition Nos. 11287; 17224 and 18648 of 1997 were filed for a direction to the respondents to grant pattas to the petitioners therein. The said writ petitions were disposed of on 25-09-1997 directing the respondents therein to consider the proposals for grant of ‘D-Form pattas’ in favour of the petitioners therein for small extents of lands. It is further pleaded in the counter that the petitioners were evicted from the encroached portions of lands on 18-11-1997 after complying with the provisions of the Andhra Pradesh Land Encroachment Act, 1905 and thereafter some of the villagers tried to trespass into the lands and a case in crime No. 30 of 1998 was registered in Samisragudem Police Station, which is pending consideration in the Court of the learned II-Additional Judicial Magistrate of First Class, Kovvur. The petitioner Nos. 3,7,9,10 and 11 were also accused in crime No. 30 of 1998. It is reiterated that the petitioners were evicted pursuant to the order of this Court in W.P.No. 1435 of 1994. It is categorically asserted that the petitioners are not in possession of the lands as on the date of filing of the writ petition. There is no rebuttal to the averments in the counter affidavit. The petitioners have not shown any right to occupation of the lands in question or any legal basis for grant of the relief of assignment of lands nor is any cause shown for issuance of a direction to the respondents not to evict them from the lands. For the aforesaid reasons, there are no merits. The writ petition is accordingly dismissed. No costs. __________________________ JUSTICE GODA RAGHURAM Dated: 20-01-2011 Pvks/*