THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17581 of 2010 ORDER: Heard the learned counsel for the petitioners and in view of the submissions made by the learned Assistant Government Pleader for Revenue appearing for the respondents, based on the written instructions, this writ petition is taken up for disposal. Petitioners, who are two in number, claim to be the owners and possessors of land admeasuring Acs.9.04 guntas covered by Survey Nos.211/A, 211/AA, 211/E, 212/A, 212/AA, 212/E, 213, 310/A, 310/AA and 310/E situated at Ramachandrapuram Village, Billupadu Revenue Village, Thallada Mandal, Khammam District. Apprehending their dispossession by the respondents from the said land for issuance of pattas to third parties without following due process of law, they filed this writ petition. It is the grievance of the petitioners that a survey was conducted with regard to the land referred to above without giving notice to them and based on such ex parte survey, the respondents are taking steps for their dispossession. Based on the written instructions, it is submitted by the learned Assistant Government Pleader for Revenue appearing for the respondents that some persons, who belong to Scheduled Tribe, Ramachandrapuram, requested for grant of house-sites and that in view of the allegations levelled against the petitioners, a survey was conducted with regard to the aforesaid land and found that the petitioners were in possession of Ac.1.01 guntas of abadi land. It is further submitted that disputing the said survey, the petitioners have already approached the Assistant Director, Survey and Land Records, to conduct re-survey of the disputed land. It is also submitted that the abadi land, which is in possession of the petitioners, can be utilized for grant of house-sites to the Scheduled Tribe applicants. Even according to the submissions made by the learned Assistant Government Pleader for Revenue appearing for the respondents, there was a request by the petitioners as well as the second respondent – Tahsildar, Thallada Mandal, Khammam District, to conduct re-survey of the land in question. In that view of the matter, though it was found that the petitioners were in possession of the land admeasuring Ac.1.01 guntas in excess of their entitlement, in view of the fact that they already made representation to conduct re-survey, for which, the respondents also agreed, they cannot be dispossessed from the land in question at this stage. If the land is found to be in excess of their entitlement, the respondents have to take necessary steps in accordance with the provisions of the Andhra Pradesh Land Encroachment Act, 1905. In view of the same, I deem it appropriate to direct the respondents not to take any steps for dispossession of the petitioners from the alleged excess portion of the land referred to above on the ex parte survey conducted earlier. It is made clear that in re-survey, if the petitioners are found in possession of the land in excess of their entitlement, it is open to the respondents to take steps for eviction in accordance with law. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 27th JULY, 2010. kvni