THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :28531 of 2007 DATED:18-01-2008 BETWEEN: Malam Seshamma & another. ..... PETITIONERS AND The Tahsildar, Ongole mandal, Prakasam District & 3 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the action of the respondents 1 to 3 in threatening to cancel the DKT pattas issued to the petitioners and to evict them from the lands in Sy.No.330/1 admeasuring Ac.2.00 of 1st petitioner, Sy.No.330/2 admeasuring Ac.1.42 guntas of 2nd petitioner, situated at Chejerla village, Ongole, Prakasam District, without due process of law, as illegal, and arbitrary. 3. It is the case of the petitioners that the 1st petitioner has been granted DKT patta No.75/85, dated 31-03-1985, in respect of Ac.2.00 in Sy.No.330/1; and the 2nd petitioner was also granted similar DKT patta in respect of Ac.1.42 guntas in Sy.No.330/2 situated at Chejerla village, Ongole mandal and when some private parties made an attempt to interfere with their peaceful possession and enjoyment, a suit was filed and the same was decreed. It is stated that in spite of the subsistence of the DKT patta in the Supreme Court decree respondents are interfering with the peaceful possession and enjoyment of the petitioners. Hence, the present Writ Petition. 4. Insofar as the unofficial respondents are concerned, I am of the opinion that no writ can be issued as if there is any dispute it is for the petitioners to resolve the same in properly instituted civil suit, but insofar as official respondents are concerned, even if the conditions of the DKT patta have been violated petitioners cannot be dispossessed without following due process of law. 5. Having regard to the facts and circumstances, respondents 1 to 3 are directed not to interfere with the peaceful possession and enjoyment of the petitioners with regard to the lands assigned in their favour without following due process of law. If there is any violation of the DKT patta it is open for the respondents to take steps in accordance with law and pass appropriate orders. 6. Accordingly, Writ Petition is disposed of. No order as to costs. _________________ V.ESWARAIAH,J 18th January, 2008. Tsy