IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 23137 of 2008 Between: 1 Geddam Pentayya, S/o. Ramulu, R/o. Ramannpalem village, Atchutapuram Mandal, Visakhapatnam District, Sy.No's: 33-1B, 22-2B, 33-2D, Extent Ac.Cents: 0.10, 0.77, 0.25, Village: Chodepalli Revenue Village Atchutapuram Manda 2 Kundrapur Sanyasi Alias Appanna, S/o. Appanna, R/o. Ramannpalem village, Atchutapuram Mandal, Visakhapatnam District, Sy.No.32-D2B2, Extent Ac.Cents: 1.20, Village: Chodepalli Revenue Village Atchutapuram Mandal, 3 Cheepurupalli Tatalu, S/o. Musalayya, R/o. Ramannpalem village, Atchutapuram Mandal, Visakhapatnam District, Sy.No.32-6, Extent Ac.Cents: 2.50, Village: Chodepalli Revenue Village Atchutapuram Mandal, 4 Pappu Sanyasi, S/o. Durgayya, (Died) Sy.No.33-4, Extent Ac.Cents: 1.51, Village: Chodepalli Revenue, Atchutapuram Mandal, 5 Pappu Demullu, S/o.Sanyasi, R/o. Ramannpalem village, Atchutapuram Mandal, Visakhapatnam District, 6 Pappu Durgayya, S/o.Sanyasi, R/o. Ramannpalem village, Atchutapuram Mandal, Visakhapatnam District, 7 Dhormireddy Sanyasi,(Died), Sy.No.32-2B, Extent Ac.Cents: 1.22 Village: Chodepalli Revenue, Atchutapuram Mandal, 8 Dharimireddy Nageswara Rao, S/o.Sanyasi, R/o. Ramannpalem village, Atchutapuram Mandal, Visakhapatnam District, 9 Dharmireddy Balu, S/o.Sanyasi, R/o. Ramannpalem village, Atchutapuram Mandal, Visakhapatnam District, 10 Nemala Kondadu, Appanna (died), Sy.No.32-2B4, Extent Ac.Cents: 0.57, Village: Chodepalli Revenue, Atchutapuram Mandal, 11 Sesetty Ratnam, W/o. Someswara Rao, R/o. Gantyada, Gajuwaka, Visakhapatnam District. 12 Pappu Laxmi, W/o. Late Tata Rao, R/o. Atchutapuram Village and Mandal, Visakhapatnam District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, Rep by the District Collector, Visakhapatnam. 2 The Revenue Divisional Officer, Narasipatnam (P.O), Visakhapatnam District. 3 The Mandal Revenue Officer, Atchutapuram P.O., Visakhapatnam 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 in the nature of Mandamus declaring the action of the respondents in trying to dispossess the petiioners from their assigned lnads of an extent of Ac.0.10 cents in Sy.No.33-1B, Ac.0.77 cents in Sy.No.33-2B, Ac.0.25 cents in Sy.No.33-2D, Ac.1.20 cents in Sy.No.32-2B2, Ac.2.50 cents in Sy.No.32-6, Ac.1.51 cents in Sy.No.33-4, Ac.1.22 cents in Sy.No.32, and Ac.0.57 cents in Sy.No.32-2B4 respectively situated in Chodepalli Revenue Village, Atchutapuram Mandal, Visakhapatnam District, without notice and not follwoing due process of law as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India and Counsel for the Petitioners:MR.E.V.BHAGIRATHA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23137 of 2008 ORDER: The petitioners, who are ten in number (petitioner Nos.7 and 10, according to cause title, died) are residents of Ramannapalem/Gajuwaka/Atchutapuram Villages of Visakhapatnam District. Petitioner Nos.5 and 6 are sons of fourth petitioner, petitioner Nos.8 and 9 are sons of seventh petitioner and petitioner Nos.1 and 2 are married daughters of tenth petitioner. They allege that they were granted D Form pattas in April, 1988, whereunder land admeasuring Acs.1.12 was assigned to them. They are allegedly in possession and enjoyment of the same for over twenty years. They also allege that they also obtained pattadar passbooks as well. When third respondent along with staff allegedly visited their land in second week of October, 2008, apprehending dispossession without due process of law, they filed instant writ petition. This Court, while ordering notice before admission on 23.10.2008, directed learned Assistant Government Pleader for Revenue to get instructions in the matter. After getting instructions he submits that as the land is required for housing purpose under INDIRAMMA (Integrated Novel Development In Rural Areas and Model Municipal Areas) after issuing notices the same was resumed from the petitioners (except third petitioner). He also submits that as third petitioner violated the conditions of assignment, necessary action was taken under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and land was resumed. In view of the submission of learned Assistant Government Pleader, the allegation of the petitioners that third respondent visited their land in October, 2008, appears to be correct. However, now that necessary orders were passed for resumption of the land/cancellation of D Form pattas, liberty is given to the petitioners to obtain copies of orders from third respondent and prefer appeal before second respondent within a period of one week from today. As and when the petitioners approach third respondent necessary copies shall be supplied at free of cost to enable them to prefer appeal before second respondent - Revenue Divisional Officer, Narsipatnam. Learned Assistant Government Pleader submits that the land has already been resumed and possession was taken. To enable the petitioners to obtain appropriate orders, there shall be status quo as on today. With the above observations and directions, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 01st December, 2008 GHN To 1 The State of Andhra Pradesh, Rep by the District Collector, Visakhapatnam. 2 The Revenue Divisional Officer, Narasipatnam (P.O), Visakhapatnam District. 3 The Mandal Revenue Officer, Atchutapuram P.O., Visakhapatnam District. 4 2CCs to GP for Revenue 5 2CD copies Form-NIC-OGS/WP{LS} Integrated Novel Development In Rural Areas and Model Municipal Areas Integrated Novel Development In Rural Areas and Model Municipal Areas Integrated Novel Development In Rural Areas and Model Municipal Areas