IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 792 of 2006 Between: 1 Duggirala Brahmaiah, S/o.Ramaiah, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 2 Yanamadala Chennaiah, S/o.Ramaswamy, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 3 Melam Chinthaiah, S/o.Tirupalu, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 4 Jogi Yesu Dasu, S/o.Raghava Das, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 5 Gorremuchu Peda Venkateswarlu, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 6 Yanamadala Lakshmamma, W/o.Raghavulu, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 7 Gorremuchu Yelamanda, S/o.Prakasam, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 8 Pokuri Koti Lingam, S/o.Yellamanda, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 9 Gorremuchu China Tiripalu, S/o.Pedayelamanda, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 10 Kasupurthi Kondamma, W/o.Punnaiah, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 11 Kasukurthi Venkateswarlu, S/o.Tirupalu, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 12 Bathula Subba Rao, S/o.Raghavulu, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 13 Gorremuchu Kotaiah, S/o.Venkata Subbaiah, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 14 Melam Naga Rani, W/o.Lazaru, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 15 Tottempudi Ramaiah, S/o.Polaiah, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 16 Kanamala Subbamma, W/o.Chennadas, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 17 Kanamala Chinna Subbamma, W/o.Venkadas, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 18 Melam Jeevaiah, S/o.Ankaiah, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 19 Suddarsi Narayanaswamy, S/o.Rangaiah, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. 20 Melam Yesudasu, S/o.Ankaiah, R/o.Karavadi East Harijanawada, Ongole Mandal, Prakasam District. ..... PETITIONERS AND 1 The Government of A.P., Rep by its District Collector, Ongole, Prakasam District. 2 The Government of A.P., Rep by its Mandal Revenue Officer, Ongole, Prakasam District. 3 The Government of A.P., Rep by its Station House Officer, Ongole Rural Police Station, Ongole, Prakasam 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 to issue a writ order or direction more one in the nature of writ of Mandamus declaring the action of the respondents 1 and 2 in trying to cancel the pattas of the petitioners for the purpose of issuing fresh pattas to the petitioners with reduced extents to issue pattas to third parties as illegal, arbitrary anc contrary to the judgment and decree in O.S.No.12/98 on the file of the Learned IV Additional.Junior Civil Judge, Ongole dt.10-5-2000 and consequently direct the respondents 1 to 3 to provide police aid to the petitioner in cultivating their pattas lands in Sy.No.320,329,330,332,333,336,339,401 of Chejerla Village, Ongole Mandal, Prakasam district by implementing the judgment and decree in O.S.No.12 of 1998 dt.10-5-2000 on the file of the Learned IV Addl.Junior Civil Judge Ongole, and pass such other order or orders. Counsel for the Petitioners: MR.M.SUBBA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.792 of 2006 ORDER: The petitioners, who are twenty in number, are residents of Karavadi East Harijanawada, Ongole Mandal, Prakasam District. They allege that they along with more than hundred other members occupied the wasteland for cultivation. On an application being made by them they were assigned land admeasuring Ac.1.00 to 1.08. The land is situated in Chejerla Village. When there was interruption by Raghavaiah and twelve others, some of the petitioners and others filed O.S.No.12 of 1998 on the file of the Court of IV Additional Junior Civil Judge, Ongole, for injunction. The same was decreed on 10.05.2000. In the meanwhile it is alleged that second respondent initiated steps to cancel the pattas granted to the petitioners and to issue fresh pattas to others in respect of abused extents of land. Apprehending violation of principles of natural justice and dispossession, the petitioners invoked jurisdiction of this Court under Article 226 of the Constitution of India. This Court, while ordering notice before admission on 10.01.2006, directed third respondent to provide necessary police protection against dispossession. The respondents have not filed counter-affidavit. However, learned Assistant Government Pleader for Revenue, after getting instructions, submits that the allegations made by the petitioners are not true. He submits that there is no proposal to cancel the pattas or to reduce the area of assigned land. Needless to mention that even if petitioners’ pattas are to be cancelled and land is to be resumed for any public purpose, Tahsildar has to issue notice to the petitioners and pass necessary orders. The writ petition is misconceived and the same is accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 26th November, 2008 GHN To 1 The Government of A.P., Rep by its District Collector, Ongole, Prakasam District. 2 The Government of A.P., Rep by its Mandal Revenue Officer, Ongole, Prakasam District. 3 The Government of A.P., Rep by its Station House Officer, Ongole Rural Police Station, Ongole, Prakasam District. 4 2CCs to GP for Revenue 5 2CD copies Form-NIC-OGS/WP{TRR}