IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT: THE HON’BLE SRI NOUSHAD ALI WRIT PETITION No.1814 of 2006 Between: Ediga Harikrishna & 7 others … Petitioners AND The Collector, R.R. District & 2 others … Respondents The Court made the following : THE HON’BLE SRI NOUSHAD ALI WRIT PETITION No.1814 of 2006 ORDER: This Writ Petition has been filed to declare the action of the third respondent viz., the Sarpanch, Komsettypally Gram Panchayat, Marpally Mandal, Ranga Reddy District, threatening to dispossess the writ petitioners from their respective house sites without following due process of law, as illegal and to direct respondents 1 and 2 to take appropriate action against the said respondent for his high-handed activity to dispossess the writ petitioners. 2. It is the case of the petitioners that they are landless poor persons and belong to economically backward class. The second respondent, who is the Mandal Revenue Officer, Marpally Mandal, Ranga Reddy District, granted house site pattas in an extent of 121 square yards in Survey No.1/2 of Komsettypally Village, Marpally Mandal, Ranga Reddy District, to each of them in the year 1999. They have constructed small huts and residing there with their families. 3. The petitioners allege that the third respondent visited the land on 27.01.2006 and attempted to dispossess them with a mala fide intention to get the sites allotted to his own people. The petitioners, therefore, complain that neither the third respondent has authority of law nor should he be allowed to disturb the writ petitioners high-handedly. 4. The second respondent, who is the Mandal Revenue Officer, Marpally Mandal, Ranga Reddy District, has filed counter affidavit admitting that the writ petitioners were allotted house sites by Proceedings bearing No.B/479/98, dated 08.05.1999, and possession was also given to them. It is further stated that the writ petitioners are in peaceful possession and enjoyment of the said property and there is no threat to their possession. It is further stated that the incumbent Sarpanch who was in office at the time of filing the Writ Petition is no longer there in office. 5. The third respondent, despite the service of notice has remained ex parte. 6. From the above facts, it is indisputable that the petitioners are in legal possession of the house sites by virtue of pattas granted by the competent authority i.e., the second respondent herein. It is also indisputable that the said pattas are subsisting. That being so, none of the respondents including the third respondent herein has any right to disturb or dispossess the writ petitioners from their respective house sites, more particularly, the third respondent, who is no way concerned with the house sites, has any right to dispossess the writ petitioners high-handedly. 7. For the aforesaid reasons, the Writ Petition is allowed holding that the writ petitioners shall not be dispossessed without following due process of law. No costs. _________________ (NOUSHAD ALI, J) Date: 15th December, 2010 KL THE HON’BLE SRI NOUSHAD ALI WRIT PETITION No.1814 of 2006 Date: 15th December, 2010 KL