IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9229 of 2008 Between: 1 T.SWamulu S/o. Balaiah R/o. Papireddy Nagar, Chanda Nagar, ( HUDA lay out Residential Complex E.W.S. ) Serilingampally Mandal, R.R.Dist. 2 Smt. K.Dilliswari W/o. Bheem Rao R/o. Papireddy Nagar, Chanda Nagar, ( HUDA lay out Residential Complex E.W.S. ) Serilingampally Mandal, R.R.Dist. 3 Smt. S.Kamala W/o. Chirajeevi Rao R/o. Papireddy Nagar, Chanda Nagar, ( HUDA lay out Residential Complex E.W.S. ) Serilingampally Mandal, R.R.Dist. ..... PETITIONER(S) AND 1 The Dist. Collector, R.R.Dist, at Lakadi-ka-Pool, Hyderabad. 2 the Tahsildar, Serilingampally Mandal, R.R.Dist. 3 Teh A.P., Housing Board, ( APHB ) rep. by its Managing Director, Gruhakalpa, Nampally, hyderabad. .....RESPONDENT(S) 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 to issue a writ or direction preferably writ of Mandamus declaring the action of the respondents and their subordinates in taking steps to dispossess the petitioners from their repsective plots bearing No. 502, 503 & 504 situated in Sy. No.322 to 328 at Papireddy Nagar, Chanda Nagar, ( Huda lay out Residential Complex E.W.S.) Seri;lingampally Mandal, R.R.Dist., without notice and without providing oppertunity as illegal, and violative of Principles of natural justice awnd consequently direct the respondents no to dispossess the petitioners from their respective plots and pass Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 9229 of 2008 Order: The petitioners state that they were allotted house site pattas in various Plots situated in Survey Nos.322 to 328 of Papireddy Nagar, Chanda Nagar, Serlingampally Mandal, R.R. District, vide proceedings MRO File No.B.526/91 DO File No.D/2164/94, dated 07.08.1994, and they are in continuous possession and enjoyment of the said plots by constructing small houses therein, and they have not violated any terms and conditions of the assignment. While so, it is the case of the petitioners that the 2nd respondent, namely the Tahsildar, Serlingampally Mandal, R.R. District, without following the due process of law, is interfering with their peaceful possession and enjoyment of the Plots in question on the ground that the said plots are required for the purpose of allotting house sites to the houseless poor persons under “Rajeev Gruha Kalpa”. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Revenue for respondent Nos.1 and 2, and learned Standing Counsel for respondent No.3-Housing Board, and they agreed to dispose of the writ petition with the following directions: If there is any violation of terms and conditions of the assignment or the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, it is always open for the respondents to take appropriate action by following due process of law, and certainly, without following due process of law, the respondents cannot dispossess the petitioners from the plots in question. Hence, if the respondents intend to take any action against the petitioners, they must issue notice to them, and after considering the explanation, if any to be submitted by them, they are at liberty to pass appropriate orders. Till then, the respondents are directed not to interfere with the possession of the petitioners. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 25.04.2008 Ksr/Nsr