IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3481 of 2008 Between: 1 Baske China Venkataiah S/o Komaraiah 2 Baske Venkata Swamy S/o Pedda Kajaiah 3 Baske Sarangapani S/o Pedda Kajaiah 4 Ita Agamma W/o rajamouli 5 Akkenakunta Marayya S/o Posaiah 6 Rajam Komaraiah S/o Momaraiah 7 B. Ilaiah S/o Yadagiri 8 Churni komaraswamy S/o rama Swmay 9 Bokkala yellamma W/o Poshaiah 10 Baske Mallayya S/o bachaiah 11 Baske Mallaiah S/o Momaraiah 12 Baske Suryanarayana S/o Anandam, 13 Baske Lakshmi Narayana S/o Daveedu 14 B. Rajender S/o Baske Yellaiah 15 K.Venkata Swamy S/o Katkuri Komaraiah 16 Natti Sammaiah S/o Illaiah 17 Baske Venkataiah S/o Komaraiah 18 Gaddala Yadagiri S/o Ramaiah 19 Baske Kornelu S/o Balaiah 20 B. Sailu S/o baske Kajaiah 21 Akkenakunta Komaraiah S/o Poshaiah 22 Uppugallu Sankar S/o Venkataiah 23 G. Mumara Swamy S/o Venkataiah 24 Baske Ramchandra Mouli Baske Ramachander, 25 Baske Batchaiah S/o mellaiah 26 baske batchaiah S/o Mellaiah 27 B. Ramesh S/o Baske Kajaiah 28 B. Rajaiah S/o baske yellaiah 29 baske Kattaiah S/o kanakiah 30 Baske Veeraiah S/o Durgaiah, 31 baske Rajamma W/o Kajaiah 32 B. Kajaiah S/o Baske yakaiah 33 Baske Komaraiah S/o Mallaiah 34 baski Mallaiah S/o Momaraiah 35 Baske Venkataiah S/o maisaiah 36 Baske Kanakaiah S/o Ramaiah 37 B. Rajender S/o baske Bachaiah 38 Konduri Istari S/o Ayodya, 39 Konduri Satyanarayana S/o Rajamouli, 40 Konduri Ramesh S/o Rajaiah 41 Konduri Yellesh S/o Ravinder 42 E. Veeraswamy S/o jampaiah 43 Konduri Govardhan S/o Momaraiah 44 Konduri Anandam S/o Narasamma 45 Konduri Istari S/o Kattamallu 46 Konduri Sanjeeva S/o Veeramallu 47 Konduri Ravi S/o Yellaiah 48 Konduri Sankar S/o Rajamallu 49 Konduri Pasad S/o rajeeru 50 Konduri Dasaradham S/o Yellaiah 51 Konduri Srihari S/o Mallaiah All are R/o Kadipikonda Village, Hanmakonda Mandal, Warangal District. ..... PETITIONERS AND 1 The State of A.P., rep by the District Collector, Warangal. 2 The Revenue Divisional Officer, Warangal, Warangal District. 3 The Tahasildar, Hanmakonda Mandal, Hanmakonda, Warangal 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 may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioner from the land in Sy. no. 366/24/1 of Kadipikonda Village, Hanmakonda Mandal, Warangal District, without following due process of law, as being illegal, arbitrary, contrary to principles of natural justice and violative of Article 14 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their lands, without following due process of law, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners:MR.J.VENKATESWARA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3481 of 2008 ORDER: It is the case of the petitioners that all of them are residents of Kadipikonda Village, Hanmakonda Mandal, Warangal District. At their request, each of the petitioner was assigned the agricultural land admeasuring Ac.0-20 gts. in Sy.No.366 in the year 1970, for agricultural purpose. It is stated that the 3rd respondent also issued pattadar passbooks and title deeds in their favour under the provisions of A.P. Rights in Land and Pattadar Pass Book Act, 1971. While so, in the first week of February, 2008, the Government is said to have taken a decision to construct Central School in the said land and, therefore, the petitioners are sought to be dispossessed from the lands in question. It is further stated that when other Government lands are available, it is not just and proper to resume the lands in question. I am of the opinion that if there are no other Government lands available for the purpose of construction of Central School, it is always open for the respondents to resume the lands in question by paying compensation in accordance with the rules. But, without following due process of law, the petitioners cannot be dispossessed from the lands in question. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the lands in question without following due process of law. There shall be no order as to costs. ___________ 21-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}