IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 22064 of 2002 Between: 1 Dasari Appa Rao, S/o. Late Gurappa, Pedagantyada Mandal, Visakhaptanam District. 2 Dasari Paidikonda, W/o. Tati Reddy, Pedagantyada Mandal, Visakhaptanam District. 3 Dasari Appala Reddy, S/o. Apparao, Pedagantyada Mandal, Visakhaptanam District. 4 Dasari Gurumurthy, S/o. Apparao, Pedagantyada Mandal, Visakhaptanam District. 5 Dasari Nageshu, S/o. Apparao, Pedagantyada Mandal, Visakhaptanam District. ... PETITIONERS AND 1 The District Collector, Visakhapatnam, Visakhapatnam District. 2 The Mandal Revenue Officer, Pedagantyada Mandal, Visakhapatnam District. 3 The Panchayat Secretary, Appikonda Gram Panchayat, Pedagantyada Mandal, Visakhapatnam 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 an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3rd Respondents and their subordinates in trying to demolish the houses of the Petitioners which were constructed in demolish the houses of the Petitioners which were constructed in S.No.265/P of Appikonda Village, Pedagantyada Mandal, Visakhapatnam District, is arbitrary, illegal, without jurisdiction and for extraneous considerations and in violation of Article 14 and 21 of the Constitution of India and to issue a consequential direction to the respondents not to demolish the Houses of the Petitioners, which were constructed in S.No. 265/P of Appikonda Village, Pedagantyada Mandal, Viskapatnam District. Counsel for the Petitioner: MR.SUBBA RAO KORRAPATI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : O R D E R: This writ petition is filed seeking a Mandamus declaring the action of the third respondent and their subordinates in trying to demolish the houses of the petitioners, which were constructed in survey No.265/P of Appikonda Village, Pedagantyada Mandal, Visakhapatnam District as arbitrary and illegal and consequently to direct the respondents not to demolish the houses of the petitioners. The petitioners state that they were granted D-Form patta in S.No.265/P to an extent of Ac 2.45 cents of Appikonda Gram Panchayat, Visakhapatnam District on 18.05.1989. Accordingly, they raised thatched houses in the land to an extent of Ac.0.45 cents and they were cultivating the remaining lands continuously since then. The grievance of the petitioners is that the third respondent, without issuing any notice or order, came to their houses and threatened to demolish the same. Hence the present writ petition. No counter affidavit is filed on behalf of the third respondent as on today. However, the second respondent filed a detailed counter affidavit stating that the land in S.No.265/P situated at Appikonda village, Pedagantyada Mandal stands classified as Tank (cheruvu) Poramboke measuring a total extent of Ac.22.00 as per Settlement Fair Adangal of Appikonda village in Pedagantyada Mandal. BSO 16 (1) clearly indicates that all lands, which are liable to submerse when a tank is full, should remain registered as ‘Tank Poramboke’ as long as the tank is maintained. The actual extent of Water Spread of each tank at Full Tank Level (FTL) should be shown in colour wash in the Kamams’ and Tahsildar’s copies of the village maps and against every field so shown, whether it is occupied or not and an entry with regard to ‘Water Spread of Tank’ should be made in the Settlement Register and Adangal Account. Departmental orders were issued prohibiting the conversion of tank and tank bed lands into ayan for alienation/assignment/Eksal leases. Further the Government in G.O.Ms.No.157 Revenue (M) Department, dated 13.02.1987 has issued orders specifying that no cultivation should be allowed in the tank bed area under any circumstances; that no lease of tank bed lands lying beyond the FTL either on Eksal basis or a longer period after the expiry of the subsisting leases should be allowed and that no fresh leases of tank bed lands should be granted in future, even during the drought years and also directed to see that no leases are extended, if any granted in pursuance of the instructions issued in Govt. Memo. No.1816/N1/85-1 Revenue dated 1.07.1986. Be that as it may, the fact that D-form patta was granted in favour of the petitioners on 8.05.1989 against an extent of Ac.2.45 cents in S.No.265 part of Appikonda village, Pedagantyada Mandal is not denied nor any proceedings have been initiated for cancellation or suspension of D-form patta dated 18.05.1989 in favour of the petitioners. Admittedly, the dispute arose when the Panchayat Secretary, the third respondent herein, visited the land, wherein the petitioners have constructed small houses in a part of the land for residential purposes, and threatened to demolish the same. Therefore, I am of the opinion that so long as the D-form pattas stand in the name of the petitioners neither the third respondent nor any other respondents have any right to demolish the houses constructed by the petitioners and evict them from their houses without following due process of law. Therefore, the writ petition is disposed of directing the respondents not to interfere with the possession and enjoyment of the petitioners over land to an extent of Ac.2.45 cents of land in S.No.265/P of Appikonda Village, Pedagantyada mandal, Visakhapatnam District, and the houses constructed therein, without following due process of law. _______________ (C.V.RAMULU, J.) 11th June, 2009 Js.