IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23210 of 2008 Between: 1 Pegada China Malakondaiah, s/o. Pullaiah, r/o. Ankabupalapuram Village, Volegivaripalem Mandal, Prakasam District. 2 Pegada Venkaiah, s/o. Pullaiah, r/o. Ankabupalapuram Village, Volegivaripalem Mandal, Prakasam District. ..... PETITIONERS AND The Tahsildar, Volegivaripalem Mandal, Prakasam District. .....RESPONDENT 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 respondent in threatening to dispossess the petitioners from the land admeasuring Ac. 5-00 cents each in Sy.Nos. 337, 338, 350 and 355 situated at Ankabulpalapuram Village, Voletivaripalem Mandal, Prakasam District without following the due process of law as illegal, arbitrary and consequently direct the respondent to conduct enquiry and to issue the pattadar pass book after ascertaining the long standing possession of the petitioners and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:SRI VENKATESWARLU SANISETTY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23210 of 2008 ORDER: The petitioners occupied Acs.5.00 each in survey Nos.337, 338, 350 and 355 situated at Ankabupalapuram Village of Voletivaripalem Mandal in Prakasam District. They allegedly requested the respondent for grant of pattas. Pattas were not granted. In 1973 respondent appears to have granted pattas to the villagers of Jandrapeta Village near Chirala of Prakasam District, but subsequently, these pattas were cancelled. It is alleged that on 26.09.2008 the respondent summoned the petitioners to his Office and directed to vacate the land. They also allege that respondent threatened them with dispossession. Therefore, they filed the instant writ petition. This Court heard learned Counsel for the petitioners and the learned Assistant Government Pleader for Revenue (General-AA). As rightly pointed out by the learned Assistant Government Pleader, the petitioners are not yet granted any pattas. They have not produced any proof before this Court except enclosing a Xerox copy of the photograph showing the land where eucalyptus tress (probably of one or two years old age) are grown. In the absence of any evidence, it is not possible for this Court to comment with regard to possession alleged by the petitioners. However, this Court observes that if the petitioners are in occupation of the land comprised in survey Nos.337, 338, 350 and 355 situated at Ankabupalapuram Village, they cannot be dispossessed without due process of law. The Writ Petition, with the above observation, is accordingly dismissed. No costs. ____________ (V.V.S.RAO, J) 25.11.2008 vs To 1 The Tahsildar, Volegivaripalem Mandal, Prakasam District. 2 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 3 2CD copies Form-NIC-OGS/WP{RLD}