IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) Present: THE HON’BLE SRI JUSTICE V.V.S.RAO Monday, the Fourteenth day of September Two Thousand and Nine Writ Petition No.5831 of 2002 Between: Late Sri Yenuganti Narsimha Murthy, S/o. Subbarayudu, aged 70 years, R/o. Veldurthi Village, Pithapuram Mandal, East Godavari District and others. …Petitioners AND The District Collector, East Godavari District, Kakinada and others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO Writ Petition No.5831 of 2002 ORDER: Petitioners who are 18 in number – petitioners 1, 2 and 5 died during the pendency of the writ petition and their Legal Representatives (LRs) are on record as petitioners 19 to 25 – filed instant writ petition seeking Writ of Mandamus declaring the action of respondent in trying to evict them from land admeasuring Acs.35.75 cents in Survey No.86 and Acs.21.72 cents in Survey No.234 situated at Veldurthi Village, Pithapuram Mandal in East Godavari District (hereinafter referred to as petition schedule land) as illegal, arbitrary and for consequential direction to respondents to grant permanent pattas to them in respect of petition schedule land. It is the case of petitioners that petition schedule land, which is described as Ura Tank and Batsarayani Tank was occupied by them or their predecessors for the purpose of cultivation. Petitioners statedly belong to economically backward classes and eak out livelihood by cultivating the petition schedule land. They applied to authorities for grant of regular pattas in vain. They, and some villagers, filed writ petition No.4114 of 1978 and 4714 of 1978. The writ petition was dismissed. In spite of the same, pattas were granted. Petitioners further allege that on 11.03.2002, Revenue Inspector and Surveyor of Pithapuram came to the lands and conducted survey and allegedly tried to dispossess petitioners. Therefore, present writ petition is filed. Third respondent filed counter affidavit stating that Ura Tank and Batsarayani Tank have been encroached upon by a number of persons and therefore, tank bed works were not taken up. The allegation that petitioners are landless poor persons is denied and the holding of petitioners 1, 15 and 18 is also given to contend that petitioners are not landless poor persons. It is further stated that under Neeru-Meeru Programme, steps were taken to evict encroachers. The allegation of petitioners that they were granted pattas temporarily in 1982 is, however, admitted. There is no denial that, at relevant time, petitioners are in possession of property. There is also no denial that some of the petitioners were granted temporary lease in 1982. Therefore, unless and until necessary due process of law is followed by Mandal Revenue Officer, Pithapuram Mandal, East Godavari District (now Tahsildar), petitioners cannot be evicted, whether or not, their request for grant of permanent pattas is concerned favourably. The writ petition is accordingly, disposed of. There shall be no order as to costs. ___​____________ (V.V.S.RAO, J) September 14, 2009 Bvv