IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5906 of 2009 Between: 1 K. Ramamohana Rao S/o. K. Rahavaiaha R/o. Kannapuram Village, Koyyalagudem (M) West Godavari District. 2 V. Sitarama Raju S/o. V. Satyanarayana Raju R/o. Sai Krupa Apartments, D Block Madeenaguda, Hyderabad. 3 V. Satyanarayana Raju S/o. V. Seetaramarajua R/o. Sai Krupa Apartments, D Block Madeenaguda, Hyderabad. 4 V. Dharmaraju S/o. V. Satyanarayana Raju R/o. Sai Krupa Apartments, D Block Madeenaguda, Hyderabad. 5 J. Udaya Bhaskar S/o. J. Durga Rao R/o. Kannayyagudem , Pongutur Panchayat Koyyalagudem Mandal, West Godavari District. ..... PETITIONERS AND 1 The District Collector Chittoor District, Chittoor 2 The Mandal Revenue Officer, Chandragiri Mandal, Chandragiri Chittoor 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 issue an appropriate writ order or direction more particularly a writ in the nature of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from their agricultural lands to an extent of about Ac 15-00 cents in Sy.Nos. 327/6, 327/7, 327/8, 330/6, 331/2, 331/3, 333/2, 333/3, 333/4, 333/5, 333/6, 333/7, 333/8, 349/2, 326/3B, 326/4, 326/5, 326/6, 326/7, 326/8, 327/16, 327/2, 331/4, 349/1, 327/7, 327/14, 327/15, 327/17, 327/18, 349/10, 349/11, 327/10, 327/11, 327/12, 327/13, 327/9, 349/7, 349/8 of Agarala Village, Chandragiri Mandal, Chittoor District in the name of constructing "Indiramma Housing Scheme' without notice to us and without following the due process of law as being illegal, arbitrary and violative of the principles of natural justice and fair play besides being violative of the constitutional mandate under Arts. 14 and 300-A of the Constitution of India and consequently restrain the respondents herein from in any way interfering with our peaceful possession and enjoyment of our agricultural lands without following the due process of law and pass Counsel for Petitioners: MS.VASANTHA LAKSHMI BAVARAJU Counsel for Respondents: GP FOR REVENUE The Court made the following : ORAL ORDER: The petitioners state that they have been assigned different extents of lands in the survey numbers mentioned in the writ petition, vide proceedings dated 30.06.1986. They were also issued pattadar passbooks in the year 1993. The grievance of the petitioner is that the respondents are trying to dispossess them even while the assignment is in force. Heard learned counsel for the petitioners and the learned Government Pleader for Revenue (Assignments). The very purpose of assigning land to eligible persons by the Government is to enable them to enjoy the benefit thereof. In case they are found to have violated the conditions of assignment, it shall always be open to the Government to cancel the assignment and to resume the land. As long as the assignment is in force, the possession of the assignee over the land cannot be disturbed. Hence the writ petition is disposed of at the admission stage directing the respondents not to dispossess or other wise interfere with the possession of the petitioners over the land assigned to them as long as the assignment is in force. It is also made clear that it shall be open to the respondents to resume the land in accordance with law in case the petitioners have violated the conditions of assignment. ______________________ (L. Narasimha Reddy, J.) 20th March, 2009 Js.