IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15962 of 2008 Between: 1 Saidu Jalachandrudu S/o.Sahadevudu R/o.Gudivaka Lanka Eluru, Mandal West Godavari District 2 Saidu Sahadevaraju S/o.Jalachandra Rao R/o.Gudivaka Lanka Eluru, Mandal West Godavari District 3 Saidu Nagaraju S/o.Jalachandra RAo R/o.Gudivaka Lanka Eluru, Mandal West Godavari District 4 Saidu Ranga Babu S/o.Jalachandra RAo R/o.Gudivaka Lanka Eluru, Mandal West Godavari District 5 Kalva mangamma W/o.Late Sivaranarayana R/o.Mondikodu Eluru, Mandal West Godavari District 6 Kalava narasimha Rao W/o.Late Sivaranarayana R/o.Mondikodu Eluru, Mandal West Godavari District 7 Katari Raja Rao S/o.Late Veeraswamy R/o.Mondikodu Eluru, Mandal West Godavari District 8 Tadisetti Nagamani W/o.Krista R/o.Mondikodu Eluru, Mandal West Godavari District 9 Katari Venkateswara Rao S/o.Late Veeraswamy R/o.Mondikodu Eluru, Mandal West Godavari District 10 Tadisetti Seethamma W/o.Late Venkanna R/o.Mondikodu Eluru, Mandal West Godavari District 11 Tadisetti Satyanarayana S/o.Late Venkanna R/o.Mondikodu Eluru, Mandal West Godavari District 12 Nimmagadda Koteswara RAo S/o.Late Subbaiah R/o.Kovvali Denduluru Mandal West Godavari District 13 Kadavakollu Narsimhulu S/o.Late Veeraswamy R/o.Mondikodu Eluru Mandal West Godavari District 14 Kodavakollu Hari Babu S/o.Narasmihulu R/o.Mondikodu Eluru Mandal West Godavari District 15 Potru Govindamma W/o.Venkateswara rAo R/o.Mondikodu Eluru Mandal West Godavari District 16 Kadavakollu Veeraswamy S/o.Late Kondalu R/o.Mondikodu Eluru Mandal West Godavari District 17 Ibba Edukondalu S/o.Sriramulu R/o.Mondikodu Eluru Mandal West Godavari District 18 M.Lakshmi D/o.Bandi Krishna Rao R/o.Mondikodu Eluru Mandal West Godavari District 19 M.Venkata Ramana D/o.Bandi Krishna Rao R/o.Mondikodu Eluru Mandal West Godavari District ..... PETITIONER(S) AND 1 Government of AP.,rep.by the District Collector West Godavari District,at Eluru 2 The Revenue Divisional officer, Eluru Division, Eluru West Godavari District 3 The Tahsildar,Eluru Mandal Eluru, West Godavari 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 order or direction more particularly one in the nature of the writ of mandamus declaring the action of the respondents in trying to dispossess the petitioners from the lands an exten of Ac.35.00 cents covered by S.No.955 of Mondikodu Village, hamlet of Gudivaka Lanka,Mandal, West Godavari District as illegal, arbitrary,violation of principles of natural justice unconstitutional and contrary to the provisions of Board Standing Orders and direct the respondents to grant pattas to the petitioners to the above lands under the provisions of Board Standing Orders and to pass Counsel for the Petitioner:MR.G.KRISHNA MURTHY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.15962 OF 2008 ORAL ORDER: The petitioners state that they belong to economically backward classes and are landless poor persons. That their forefathers occupied Government poramboke waste land in an extent of Ac. 35.00 in Survey No.955 of Mondikodu Village, hamlet of Gudivaka Lanka, Eluru Mandal, West Godavari District, prior to the year 1975, and developed the same into cultivable lands by spending huge sums of money, and that since then have been in possession and enjoyment thereof by raising paddy crop, and that they are also paying the necessary land revenue in respect of the said land to the Government. They state as they are in possession and enjoyment of the land in question for the last over three decades, they applied for grant of pattas in respect of the said land in their favour and the same is pending consideration before the third respondent-Tahsildar, Eluru Mandal, Eluru, West Godavari District. While things stand thus, it is the case of the petitioners that on 19.07.2008 the third respondent along with his staﬀ, came to the land in question and tried to dispossess them therefrom, without giving any notice and without following the due process of law. Hence, they filed the present writ petition. When the matter is taken up for admission today, the learned Assistant Government Pleader for Revenue, on instructions, submitted that the land in question which is classiﬁed as Government land (AWD), is located quite adjacent to Kolleru Wild Life Sanctuary which is a prohibited area, and that the same is under occupation of the petitioners, and that in the event, the petitioners are to be dispossessed from the land in question, the respondents will follow the due process of law. Having heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents, and having regard to the stand taken by the respondents, I deem it appropriate to dispose of the writ petition at the stage of admission itself with the following the directions: If the respondents intend to dispossess the petitioners from the land in question, they shall do so only after following the due process of law, and until such process if followed, the petitioners shall not be dispossessed from the land in question. Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J. Date: 25.07.2008 VGSR