IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13453 of 2009 Between: 1 Syed Silabi, W/o. sidha, Plot No.14 R/o. Naidkudee (V) Dachepali(M), Guntur District. 2 Bondla Meri, W/o Late janpal, Plot No.86 R/o. Naidkudee (V) Dachepali(M), Guntur District. 3 Thupakula Sushila W/o. Venkateswarlu, Plot No.49, R/o. Naidkudee (V) Dachepali(M), Guntur District. 4 Bellam Konda Sarojini, W/o. Nageswara Rao, Plot No.21 R/o. Naidkudee (V) Dachepali(M), Guntur District. 5 Konati Sarswathi, W/o. Srinivas, Plot No.47 R/o. Naidkudee (V) Dachepali(M), Guntur District. 6 Chennu Boyin Anjamma, W/o. Nageswara Rao, Plot No.2 R/o. Naidkudee (V) Dachepali(M), Guntur District. 7 Juvval Hanumayamma, W/o. Rangaiah, Plot No.20 R/o. Naidkudee (V) Dachepali(M), Guntur District. 8 Shaik Rasool Bee, W/o.Nagul Meera, Plot No.48, R/o. Naidkudee (V) Dachepali(M), Guntur District. 9 Vennu Mallaiah, S/o. Rayudu, Plot No.42. R/o. Naidkudee (V) Dachepali(M), Guntur District. 10 N.Aruna W/o. Ram Babu, Plot No.3, R/o. Naidkudee (V) Dachepali(M), Guntur District. 11 Shaik Unnur Saheb, S/o. Siddaiah, Plot No.22 R/o. Naidkudee (V) Dachepali(M), Guntur District. 12 Shaik Sydhamma, w/o. Hussain, Plot No.17, R/o. Naidkudee (V) Dachepali(M), Guntur District. 13 Jayavarapu Anusuya, W/o Brahmam, Plot No.10 R/o. Naidkudee (V) Dachepali(M), Guntur District. 14 Chappala Venkateswarlu, S/o. Lakshmiah, Plot No.27 R/o. Naidkudee (V) Dachepali(M), Guntur District. 15 Akkenapalli Chinna Kashamma, D/o. Hussain, Plot No.110 R/o. Naidkudee (V) Dachepali(M), Guntur District. 16 Akkenapalli Pullaiah, S/o. Hussain, Plot No.8 R/o. Naidkudee (V) Dachepali(M), Guntur District. 17 Shaik Saidabee, W/o. Hussain, Plot No.32 R/o. Naidkudee (V) Dachepali(M), Guntur District. 18 Pallapu Lalitha, D/o. Rama Murthi, Plot No.51 R/o. Naidkudee (V) Dachepali(M), Guntur District. 19 Pallapu Rani, W/o. Devid, Plot No.52 R/o. Naidkudee (V) Dachepali(M), Guntur District. 20 Akkenapalli Ramaiah, S/o. Hussain, Plot No.25 R/o. Naidkudee (V) Dachepali(M), Guntur District. 21 Nerella Jhonsi, D/o. Pakiraiah, Plot No.26 R/o. Naidkudee (V) Dachepali(M), Guntur District. 22 Shaik Jhnobi, W/o. Chinna Jainavali, Plot No.44 R/o. Naidkudee (V) Dachepali(M), Guntur District. 23 Garikapati Veera Lakshmi, W/o. Basaiah, Plot No.24 R/o. Naidkudee (V) Dachepali(M), Guntur District. 24 Shaik Rasool Bee, W/o. Shaik Hussain, Plot No.46 R/o. Naidkudee (V) Dachepali(M), Guntur District. 25 Kanugala Venkatravamma, W/o. Veera Swamy, Plot No.18 R/o. Naidkudee (V) Dachepali(M), Guntur District. 26 Shaik Himambi, W/o. Jhon Saheb, Plot No.45 R/o. Naidkudee (V) Dachepali(M), Guntur District. 27 Shaik Meerabi, W/o. Gali Saheb, Plot No.16 R/o. Naidkudee (V) Dachepali(M), Guntur District. 28 Syed Jayathin W/o. Saida, Plot No.1 R/o. Naidkudee (V) Dachepali(M), Guntur District. ..... PETITIONER(S) AND 1 The District Collector, (S.W) Guntur, Guntur District. 2 The Revenue Divisional Officer, Narsaro Pet, guntur District. 3 The Mandal Revenue Officer, Dachepalli Mandal, Guntur District. .....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 an appropriate writ more in the nature of a Writ of Mandamus declaring the action of the respondents in seeking to evict the petitioners from possession of small bits of residing plot land in layout letter 761/1 of small extents 0-2 1/2 cents granted patta dated 30.10.1995 at nadikudee Village, Dachepalli, Mandal, Guntur District, without any notice of acquisition proceedings as being arbitrary illegal violative of Articles 14, 21 and of the Constitution of India and consequently direct the respondents not to evict in any manner with the peaceful possession and enjoymet of petitioner land issue such other writ or rder of direction as deemed fit and proper in the circumstances of the case Counsel for the Petitioner:MRS.LAKSHMI D.S. Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: There are 28 petitioners who have impleaded the District Collector, Guntur, the Revenue Divisional Officer, Guntur and the Mandal Revenue Officer, Guntur as the respondents to this writ petition. The averments in the accompanying affidavit are incoherent. The assertion of the petitioners is that they are in occupation of 120 sq. mtrs., each at Nadikudee village, Dachepalli mandal, Guntur District for nearly one and half decades; they were assigned pattas and that if they are dispossessed, they would be shelterless. In none of the paragraphs, is there a clear averment that any of the respondents have come on to the property on any particular date or time threatening their eviction. The averments in paras 4 to 6 are rhetorical namely: a) there could be no reason as to why the authorities have seized the land without any reasons to evict them; b) they have tried to get information from the respondents and they are informed that there is some political influence; and c) if the authorities are taking coercive steps for evicting them from their small bits of lands, they would become shelterless and layed under trees and roads. None of these averments constitute an assertion of any overt action by any of the respondents seeking to dispossess the petitioners without following the due process of law or even as to any molecular action in that direction. The writ petition is filed even without a legitimate apprehension of illegitimate State action. There are no merits in the writ petition. It is accordingly dismissed. No order as to costs. ____________________ GODA RAGHURAM,J 7.7.2009. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 13453 of 2009. Dated: 7.7.2009.