THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.24553 of 1999 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in granting DKT pattas in favour of respondents 4 to 9 in respect of lands situated in Sy.Nos.931/4, 928/1, 928/2 and 931/5 of Peddapalli village, Siddoutam mandal, Cuddapah district as arbitrary and illegal. It appears, the family members of the petitioners were assigned with certain agricultural lands on the ground that they are landless poor persons and they were also issued with DKT pattas. Petitioners inherited the said lands from their ancestors. Earlier when the petitioners were sought to be evicted by the respondents, they approached this Court by way of W.P.No.32356 of 1998 and this Court vide interim order dated 31.12.1998 in W.P.M.P.No.39656 of 1998 protected the possession of the petitioners and thereafter the writ petition itself was disposed of directing the respondents not to interfere with the possession of the petitioners without following due process of law. While that being so, it appears, in the meanwhile, the subject lands were assigned in favour of unofficial respondents. Hence this writ petition. The fact that the subject lands were assigned in favour of family members of the petitioners is not in dispute. If, for any reason, petitioners have violated the conditions of DKT pattas, the respondents ought to have conducted some enquiry and would have taken steps either for resumption or for restoration of lands. Without conducting any enquiry as required under the Act and without canceling the DKT pattas issued in favour of petitioners, the respondents, high-handedly, vide impugned proceedings assigned the subject lands in favour of unofficial respondents. Under those circumstances, I am of the view that unless an enquiry is conducted under the Assignment Act and it is found that the petitioners have violated any of the conditions of DKT patta, petitioners shall not be evicted from the subject lands without following due process of law. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 4.6.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.24553 of 1999 4.6.2009