IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.26134 of 2008 Between: 1 Namala Apparao S/o Late Suranna BC 60 agriculturist Srungavarapukota(V) Vizianagaram District 2 Ardi Simchachalam S/o Late Deemudu BC 57 agriculturist Srungavarapukota(V) Vizianagaram District 3 Ardi Chinnayya S/o Late Deemudu BC 67 agriculturist Srungavarapukota(V) Vizianagaram District 4 Itta Appnna S/o Late Karpayya BC 57 agriculturist Srungavarapukota(V) Vizianagaram District 5 Sreesetti Appa Rao S/o Late Veeraghavulu BC 48 agriculturist Srungavarapukota(V) Vizianagaram District ..... PETITIONERS AND 1 The District Collector Vizianagarm, Vizianagaram District 2 The Revenue Divisional Officer, Srungavarapukota (V), Viziznagaram District 3 The Mandal Revenue Officer, Srungavarapukota(V), Srungavarapukota, Viziznagaram 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 will be pleased to issue a Writ or orders or directions more particularly one in the nature of writ of Mandamus directing the respondents not to take any coercive steps taking the petitioners lands by force with out hearing the petitioners by restraining the respondents not to inter fear the possession of the lands in Survey Nos.147 an extent of Ac 1-23,1-23,1-54,1-00 and 2-00 respectively situated at Srungavarapukota (V) Viziznagaram District is against the law arbitrary unconstitutional and violation of the principles of natural justice without jurisdiction by not to interfering with the lawful running of the petitioner club. Counsel for the Petitioners: MR.K.PURUSHOTHAM Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26134 of 2008 ORDER: Five petitioners filed instant writ petition seeking a writ of Mandamus directing respondents not to take any coercive steps taking petitioners’ lands admeasuring Acs.1.23, Acs.1.23, Ac.1.54, Acs.1.00 and Acs.2.00 respectively in survey No.147 situated at Srungavarapukota village in Vizianagaram District. The case of petitioners is that petitioners 1 to 4 purchased lands in their possession in 1988 from different persons. Fifth petitioner was statedly assigned land in his possession. It is their case that they raised casionut, teak and casurina plants in the land and they depend on land for their livelihood. On 11.11.2008 News item was published in Eenadu, Telugu daily, that the land admeasuring Acs.58.00 in survey No.147 would be distributed to landless poor persons as house sites. They also allege that a week prior to filing writ petition, Surveyor from the office of Tahsildar visited the land. Apprehending high-handed action, they filed present writ petition. This Court on 01.12.2008 directed learned Assistant Government Pleader for Revenue (Assignment) to get instructions. After getting instructions, learned Assistant Government Pleader submits that necessary orders were passed under Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, on 26.5.2007, against petitioners 1 and 2. He further submits that necessary due process would be followed insofar as other petitioners are concerned. Learned Counsel for petitioners contends that petitioners are in possession of the land. The writ petition is filed based on News item and as such the same cannot be entertained. However, this Court observes that unless and until due process of law is followed, if petitioners are in possession of land as alleged in the affidavit accompanying writ petition, respondents may not take any coercive steps. The writ petition, with the above observations, is accordingly disposed of. No costs. ______________ (V.V.S.RAO,J) December 12, 2008. NOTE: Dispatch order copy in one week. (By order) YS To 1 The District Collector Vizianagarm, Vizianagaram District 2 The Revenue Divisional Officer, Srungavarapukota (V), Viziznagaram District 3 The Mandal Revenue Officer, Srungavarapukota(V), Srungavarapukota, Viziznagaram District 4 Two CCs to Government Pleader for Revenue, High Court Buildings Hyderabad (OUT) 5 Two C.D. Copies.