IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.92 of 2009 Between: 1 Veginata Ramalingamma W/o.Pedda Venkata Ramaiah Resident of Amanigudipadu (V) Yerragondapalem (M), Prakasam District. 2 Vadlamudi Savitri W/o.Venkata Chennaiah Resident of Amanigudipadu (V) Yerragondapalem (M), Prakasam District. 3 Veginata Kota Subbamma W/o.Venkata Kotaiah Resident of Amanigudipadu (V) Yerragondapalem (M), Prakasam District. 4 Jagarlamudi Lakshmamma W/o.Kondaiah Resident of Amanigudipadu (V) Yerragondapalem (M), Prakasam District. 5 Jagarlamudi Lakshmamma W/o.fourth Venkateswarlu Resident of Amanigudipadu (V) Yerragondapalem (M), Prakasam District. 6 Veginata Subbulu W/o.Pitchaiah Resident of Amanigudipadu (V) Yerragondapalem (M), Prakasam District. ..... PETITIONERS AND 1 State of Andhra Pradesh, represented by its District Collector, Prakasam District at Ongole. 2 Revenue Divisional Officer, Markapur, Prakasam District. 3 Tahsildar, Yerragondapalem Mandal, Prakasam 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respsondents in insisting the petitioners to restrict their holdings to one acre each and vacate from their remaining respective landed properties covered by Survey Numbers 994/3; 991/2 and 3; 994/1, 1001/3, 987/4 and 5; and 1001/1 of Amanigudipadu Village as illegal, irregular, without jurisdiction, arbitrary, violative of Principles of Natural Justice, Board of Revenue Standing Orders' and offends Articles 14, 21 and 300 A of Constitution of India and consequently direct the Respondents not to evict the Petitioners from their respective landed properties and to pass such other order or orders. Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.92 of 2009 O R D E R: The case of the petitioners that they were assigned small extents of the lands in various survey numbers situated at Amanigudipadu village, Yerragondapalem Mandal, Prakasam District and the particulars of the said survey numbers, extents and proceedings numbers are as follows: Sl.No. Name of assignee Survey Number Extent Ac. Cts Proceedings Number 1. Veginata Ramalingamma 994/3 4.75 D.K.R/1406/96 2. Vadlamudi Savitri 991/2 991/3 3.54 & 1.08 DKR/14067/100 3. Veginata Kota Subbamma 994/1 4.75 DKR/1406/95 4. Jagarlamudi Lakshmamma 1001/3 3.63 DKR/1406/99 5. Jagarlamudi Lakshmamma 987/4 & 987/5 2.00 & 1.14 DKR/1406/98 6. Veginata Subbulu 1001/1 5.00 DKR/1406/97 It is stated that the names of the petitioners have been mutated in the revenue records under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, and the 3rd respondent- Tahsildar, Yerragondapalem Mandal, without issuing any notice, pressurizing the petitioners to retain only one acre of land by each of the petitioners so as to enable the Government to distribute the remaining lands to the followers of the local M.L.A. and others. I am not inclined to express any opinion with regard to the merits of the case. However, as long as the D-Form proceedings granted in favour of the petitioners are not cancelled, the petitioners cannot be dispossessed and their right to enjoy the lands cannot be interfered, without following any due process of law. Having regard to the facts of the case, the Writ Petition is disposed of, directing the respondents not to dispossess the petitioners and not to take away any extent of land from their possession, without following due procedure, prescribed in law. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 07.01.2009 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, represented by its District Collector, Prakasam District at Ongole. 2 Revenue Divisional Officer, Markapur, Prakasam District. 3 Tahsildar, Yerragondapalem Mandal, Prakasam District. 4.2CCs to 5.2CD copies