IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9713 of 2002 Between: 1 Uppari Thimmamma, W/O Uppari Sunkanna, R/o Penchikalapadu village, Guduru Mandal, Kurnool District. 2 Mulla Chinna Imam Saheb, S/o Mulla Nabi Saheb, R/o Penchikalapadu village, Guduru Mandal, Kurnool District. 3 K. Krishna Murthy, S/o K. Sunkaiah. R/o Penchikalapadu village, Guduru Mandal, Kurnool District. 4 V. Annapurnamma, W/o V. Govinda Redddy, R/o Penchikalapadu village, Guduru Mandal, Kurnool District. 5 V. Jayanthamma, W/o V. Venugopal Reddy, R/o Penchikalapadu village, Guduru Mandal, Kurnool District. 6 V. Tirupati Reddy, S/o Venkat Reddy, R/o Penchikalapadu village, Guduru Mandal, Kurnool District. 7 V. Raghurami Reddy. S/o V. Rghava Reddy, R/o Penchikalapadu village, Guduru Mandal, Kurnool District. ..... PETITIONERS AND 1 The District Collector, Kurnool, Kurnool District. 2 The Project Director, DPAP, Kurnool. 3 The Mandal Revenue Officer, Gudur Mandal, Kurnool 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in trying to escavate the top soil from the lands belonging to the petitioners in Sy.Nos.190, 191, 192,212, situated in K. Nagalapuram village, Guduru Mandal, Kurnool District, without following the due p;rocess of law for acquiring the same as illegal, arbitrary and violative of Article of 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession of the petitioners lands. Counsel for the Petitioners: MR.SRINIVAS MANTHA Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9713 of 2002 ORDER: Seven petitioners, who are residents of Penchikalapadu Village of Gudur Mandal in Kurnool District, filed instant writ petition seeking a writ of Mandamus declaring action of respondents in trying to excavate top soil from their lands in survey Nos.190, 191, 192 and 212 situated at K.Nagalapuram Village, without following due process of law, as illegal and arbitrary and for a consequential direction. In the counter affidavit filed by the Project Director, Drought Prone Area Project, it is stated that petitioners’ possession has not been disturbed and that writ petition is filed on mere apprehension. In view of the counter averment, writ petition is misconceived and is accordingly dismissed, recording counter averment. _______________ (V.V.S.RAO,J) August 07, 2009 YS