THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO : 1431 of 2005 Dated: 19.11.2010 Between: 1. P. Subbalaxmi and others. .... PETITIONERS AND 1 The District Collector, Nellore, Nellore District and others. .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO : 1431 of 2005 ORDER: This writ petition is filed seeking a mandamus to declare the action of the respondents in distributing the lands of the petitioners in Sy.Nos.414-5A, 414-5B, 412-4A, 413-3A, 413-3B, 413-3C, 414-1A, 414-3A and 414-3B of Tarunavaya village, Sangam Mandal, Nellore District, in a highhanded manner on 26.1.2005 to the landless poor, without following due process of law, as illegal and arbitrary and consequently, to direct the respondents not to disturb the ownership and title of the petitioners over the above lands. According to the petitioners, they are the owners of the above lands having purchased the same under various registered sale deeds registered with the Sub-Registrar, Buchireddy Palem, Nellore District. Further, they have been in possession and enjoyment of the said property since the date of purchase and they have raised various crops and harvested. However, on 26.1.2005, the respondents distributed the pattas to several persons of village of Tarunavaya, which includes lands of the petitioners herein. According to the petitioners, they are the true owners, possessors and enjoyers of the said property under registered sale deeds and without following due process of law such as acquisition of lands under the Land Acquisition Act or other method and without paying compensation, the respondents ought not to have proposed for distribution of their lands to the landless poor persons. No counter-affidavit is filed. While admitting the writ petition on 2.2.2005, the respondents were directed not to dispossess the petitioners from their lands in the above survey numbers of Tarunavaya village, Sangam Mandal, Nellore District, during the pendency of the writ petition. In the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the above lands unless and until the petitioners are put on notice if there is any dispute as to their title etc., or without invoking the land acquisition proceedings and paying compensation, as the case may be. No order as to costs. ______________________ Justice C.V. Ramulu Dated:19.11.2010 Nn. THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO : 1431 of 2005 19.11.2010