THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.643 of 2008 (Dated : 30-08-2010) Between: B.Suresh Rao and others …Petitioner A n d The District Collector, Chittoor District and others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.643 of 2008 ORDER: This writ petition has been filed by the petitioners, who are three in number, seeking a mandamus declaring the action of the respondents in interfering with their peaceful possession and enjoyment of the lands admeasuring Ac.1-82 ½ cents in Survey No.129, an extent of Ac.0-82 cents in Sy.No.130, an extent of Ac.0-06 cents in Sy.No.134, an extent of Ac.1-77 cents in Sy.No.140, an extent of Ac.0-16 cents in Sy.No.30 situated at Chippili Revenue village of Madanapalli Mandal, Chittoor District as illegal, arbitrary and violative of Articles 13, 21 and 300-A of the Constitution of India. 2. The case of the petitioners, as set out in the affidavit filed in support of the writ petition, is:- Petitioners 1 and 2 purchased Ac.1-82 ½ cents in Sy.No.129, Ac.0-82 cents in Sy.No.130, Ac.0-06 cents in Sy.No.134, Ac.1-77 cents in Sy.No.140 and an extent of Ac.0-16 cents in Sy.No.303 situated at Chippilli Revenue village of Madanapalli Mandal under registered sale deed dated 30.8.1994 from V.Vasundhara @ Prabhavathamma, V.Kiran Kumar Reddy and V.L.Bhaskar Reddy. Since the date of purchase, they have been in possession and enjoyment of the same. The 3rd petitioner purchased 121 square yards comprising Sy.Nos.129 and 130 from petitioners 1 and 2 under registered sale deed dated 13.12.2007. According to the petitioners, Government proposed to construct summer storage tank for providing drinking water to Madanapalle Town and for the purpose of construction of the Summer Storage Tank, the respondents are contemplating to dispossess the petitioners from the lands in their occupation without following due process of law. Hence this writ petition. 3. Rule nisi came to be issued on 21.01.2008. 4. Respondents 1 and 2 filed counter affidavit. B.Siva Reddy, Revenue Divisional Officer, Madanapalle has sworn to the counter affidavit filed on behalf of the respondents 1 and 2. It is stated in the counter affidavit that if the lands of the petitioners are required for the purpose of construction of Summer Storage Tank, they will follow due process of law and as on today, the work is not entrusted to any contractor, and therefore, apprehension of the petitioners that they are likely to be dispossessed from the lands in their occupation is far from truth. 5. In view of the statement made by respondents 1 and 2 in the counter affidavit that they will follow due process of law in the event lands in occupation of the petitioners are required for construction of Summer Storage Tank; I deem it appropriate to dispose of the writ petition directing the respondents 1 and 2 to follow due process of law in the event of the lands in occupation of the petitioners are required for construction of Summer Storage Tank at Madanapalle. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.30-08-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.643 of 2008 (Dated : 30-08-2010)