IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 24197 of 2001 Between: 1 Rambagh Pentaiah, S/o Venkaiah Rep. by their GPA Holder, Mr. MA Aziz, S/o abdul Gafoor,45 Years, R/o H.No. 17-1- 375/26/A/13, Santoshnagar, Hyderabad. 2 Udadi Laxmamma, W/o Udadi Pentaiah Rep. by their GPA Holder, Mr. MA Aziz, S/o abdul Gafoor45 Years, R/o H.No. 17-1-375/26/A/13, Santoshnagar, Hyderabad. 3 Jangam Somaiah, S/o Jangam Lingaiah Rep. by their GPA Holder, Mr. MA Aziz, S/o abdul Gafoor 45 Years, R/o H.No. 17-1- 375/26/A/13, Santoshnagar, Hyderabad. ..... PETITIONERS AND 1 Government of A.P. Rep. by its Secretary , Revenue Department Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District, Khairatabad, Hyderabad. 3 The Mandal Reveneu Officer, Moinabad Mandal Ranga Reddy District. 4 The District Forest Officer, Moinabad Mandal, Ranga Reddy 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 direction, writ or order one in the nature of Mandamus: a) declaring the action of the Respondents in taking steps to dispossess the petitioners herein fromthe suit lansd bearing Sy.No. 786 to an extent of one acre each situatedat Chilkur Village, Moinabad Mandal, Ranga Reddy District, without adopting the method of due course of law for evicting them more, so the petitioners herein have completed more than 60 Years of continuous possession in the suit land treated them as pattedars, is arbitrary and illegal; b) directing the respondents herein not to interfere in the petitioners possession of the suit land c) granting all consequential benefits including costs; Counsel for the Petitioners : MR.M.RAMA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.24197 OF 2001 ORAL ORDER The petitioners herein claim to be in possession and enjoyment of land measuring one Acre each situated in Sy.No.786 of Chilkoor, Moinabad Mandal, Ranga Reddy District for the past 60 years. It is stated that they were also granted pattadar pass books in the year 1965- 66 and they have been paying the land revenue regularly. However the request of the petitioners for assignment of the land in their possession was rejected by the 2nd respondent-District Collector by proceedings dated.13-11-2000 on the ground that the land in Sy.No.786 to an extent of Ac.31.00 including the land claimed by the petitioners has been handed over to the DPAP authorities under G.O.Ms.No.1409, Revenue, dated.10-08-1978 and therefore assignment in favour of the petitioners is not permissible. The petitioners disputed the version of the respondent that the land in their possession was also handed over to DPAP and alleged that after rejecting their request for assignment, the respondents started interfering with the possession of the petitioners and attempted to dispossess them forcibly. Hence the present writ petition seeking a declaration that the action of the respondents in taking steps to dispossess the petitioners forcibly is arbitrary and illegal. Heard the learned counsel for both parties. Even assuming that the petitioners are not entitled for the assignment of the land in their possession, the respondents are bound to follow due process of law for recovery of the said land. This Court while directing rule nisi by order dated.23-1-2001 granted interim stay of eviction of the petitioners and the same continued to be in operation all through. The respondents have not filed any counter-affidavit disputing the possession of the petitioners. In the circumstances the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the land in question in any manner what-so-ever without following due process of law. No costs. _____________ G.ROHINI,J 21st November,2008 *TSNR