IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16631 of 2008 Between: 1 Tadisetti Srinivasulu, S/o. Venkaiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 2 Gandikota Satyanarayana, S/o. Venkateswara Rao, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 3 Gandikota rangamma, W/o. Satyanarayana, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 4 Gandikota Krupa Rao, S/o. Satyanarayana, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 5 Gandikota John, W/o. Satyanarayana, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 6 Nakka Jeevamani, W/o. Ranga Rao, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 7 Gandikota Prasad, S/o. Venkateswara Rao, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 8 Tadisetti Mariyamma, W/o. Simhachalam, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 9 Gandikota Nagendra Rao, S/o. Venkateswara Rao, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 10 Tadisetti Kanakamma, W/o. Srinivasulu, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 11 Kadavakollu Ramesh, S/o. Venkanna, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 12 Kadavakollu Venkanna, S/o. Veeraswamy, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 13 Kadavakollu Rambabu, S/o. Venkanna, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 14 Kagga Yesamma, D/o. Venkanna, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 15 Velpuri Kolleramma, W/o. Yalamandala, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 16 Velpuri Nagaraju, S/o. Yalamandala, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 17 Utikuri Rangamma, W/o. Yesu, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 18 Tadisetti Rambabu, S/o. Venkatesu, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 19 Taalliboina Saidulu, S/o. Bhupataiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 20 Talliboina Goyamma, W/o. Saidulu, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 21 Mudaraboina Venkayamma, W/o. Rangarao, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 22 Mudaraboina Yesu, S/o. Ranga Rao, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 23 Gajjela Krishna, S/o. Venkat Reddy, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 24 Gajjela Lakshmi, W/o. Krishna, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 25 Gurrala Rangamma, W/o. Ramaiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 26 Gurrala Nani, S/o. Ramaiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 27 Katari Busiah, S/o. Musalaiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 28 Gurram Venkateswra Rao, S/o. Shobanadri, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 29 Utikuri Venkayamma, W/o. Kondaiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 30 Utikuri Peddintlamma, W/o. Nageswara Rao, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 31 Dronadri Mangamma, W/o. Durga Rao, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 32 Kalavakollu China Venkanna, S/o. Pedasambaiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 33 Reddi Lakshmi, D/o. Peda Sambaiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 34 Malliboina Peddi Raju, S/o. Nagendrudu, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 35 Mudaraboina Narsimhulu, S/o. Lakshmaiah, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. 36 Mudaraboina Srinu, S/o. Narsimhulu, R/o. Mondikodu Village, Hamlet of Gudivakalanka, Eluru Mandal, West Godavari District. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep by The District Collector, West Godavari District, At Eluru. 2 The Revenue Divisional Officer, Eluru Division, Eluru, West Godvari District. 3 The Tahsildar, Eluru Mandal, Eluru,West Godavari 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 one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to dispossess the petitioners from the lands an extent of Ac.40.00 cents covered by S.No.955 of Mondikodu Village, hamlet of Gudivaka lanka, Eluru Mandal, West Godavari District, as illegal, arbitrary, violation of principles of natural justice, unconstitutional and contrary to the provisions of Board Standing Orders, and direct the Respondents to grant Pattas to the Petitioners to the above lands under the provisions of Board Standing Orders, and to pass Counsel for the Petitioners:MR.B.V.RAMA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : Order: The petitioners state that they belong to economically backward classes and are landless poor persons and their forefathers occupied Government poramboke waste land in an extent of Ac. 40.00 in Survey No.955 of Mondikodu Village, hamlet of Gudivaka Lanka, Eluru Mandal, West Godavari District, prior to the year 1975, and developed the same into cultivable lands by spending huge sums of money and since then they have been in possession and enjoyment of the said lands by way of raising paddy crop, and are also paying the necessary land revenue in respect of the said land to the Government. In view of their long standing possession, they applied for grant of pattas in respect of the said lands in their favour and the same is pending consideration before the third respondent-Tahsildar, Eluru Mandal, Eluru, West Godavari District. While things stand thus, on 19.07.2008 the third respondent along with his staﬀ, came to the land in question and tried to dispossess them without giving any notice and without following the due process of law. Hence, they filed the present writ petition. When the matter is taken up for admission today, the learned Assistant Government Pleader for Revenue, on instructions, submitted that the land in question is classiﬁed as Government land (AWD) and the same is located quite adjacent to Kolleru Wild Life Sanctuary, which is a prohibited area, and that the same is under occupation of the petitioners, and that in the event, the petitioners are to be dispossessed from the land in question, the respondents will follow due process of law. Having heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents, and having regard to the stand taken by the respondents, I deem it appropriate to dispose of the writ petition at the stage of admission itself with the following the directions: If the respondents intend to dispossess the petitioners from the land in question, they shall do so only after following the due process of law, and until such process being followed, the petitioners shall not be dispossessed from the lands in question. Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J. Date: 31.07.2008 msv To 1 Government of Andhra Pradesh, Rep by The District Collector, West Godavari District, At Eluru. 2 The Revenue Divisional Officer, Eluru Division, Eluru, West Godvari District. 3 The Tahsildar, Eluru Mandal, Eluru,West Godavari District.