IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No:3340 of 2008 Between: 1 Birada Sattatreyulu S/o Pullaiah 2 Changala Penchalaiah S/o Subbaiah 3 Birda venkateswara rao s/o Pullaiah 4 Mabbu Subbamma W/o Peda Venkata Subbaiah 5 Birada Sujatha W/o Veera Venkata Vara Prasad, 6 Birada Manikayamba W/o Dattatreyulu 7 Barada Kanchamma W/o Venkatateswara Rao 8 Juvvadi Sitharatnam, W/o Venkateswara Rao 9 Birda Udaya Bhaskara Rao S/o Dattatreyulu 10 Mamilla Susilamma W/o Srinivasulu 11 Juvvadi Venkateswra Rao S/o Venkataratnam 12 Birda Sujatha W/o late Veera Venkata Nageswara Vara Prasad, 13 Birda Chitti Bhadraiah S/o Venkateswara Rao 14 Sana Venkata Satya Dharma Rao S/o Rama Krishna 15 Sana Rama Krishna S/o Veeranna 16 Devireddy Chitti bhadraiah S/o Subba Rao 17 Devireddy Durga S/o Late Venkateswaramma W/o Subba Rao 18 Chillimilli Krishna S/o Late Veera Rajeswaramma. 19 Birda Rambabu, S/o Dattatreyulu 20 Sana Surya Bhaskara Lakshmi W/o Ramakrishna all the above 20 petitioners are the R/o Kondayapalem Village, Udayagiri Mandal, nellore District. ..... PETITIONERS AND 1 The District Collector, Nellore, Nellore District. 2 The Revenue Divisional Officer, Nellore, Nellore District. 3 The Tahasildar (MRO) Udayagiri, Udayagiri mandal, Nellore 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in interfering with the ownership and peaceful possession of the petitioners in their respective lands in S. Nos. 907/1907/2, 908,913, 946/1, 948/1,948/2, 950/1,950/2, 951/1,952/1,952/2, 956/2, 957,958,961, 961/3, 962, 968 with out fallowing due process of law as arbitrary, illegal, violative of Principles of natural justice and article 14 & 300-A of Constitution of India and consequently direct the respondents not to interfere with the ownership and peaceful possession of the petitioners in their respective lands in S. Nos. 907/1907/2, 908,913, 946/1, 948/1,948/2, 950/1,950/2, 951/1,952/1,952/2, 956/2, 957,958,961, 961/3, 962, 968 of Kondayalapalem, Udayagiri Mandal, Nellore District and pass such other order or orders. Counsel for the Petitioners: MR.G.VIJAYA BABU Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3340 of 2008 ORDER: It is the case of the petitioners that they have been assigned various extents of the lands in Sy.Nos.907/1, 907/2, 908, 913, 946/1, 948/1, 948/2, 950/1, 950/2, 951/1, 952/1, 952/2, 956/2, 957, 958, 961, 961/3, 962 and 968 respectively situated at Kondayapalem, Udayagiri Mandal, Nellore District, vide D-Form Pattas in the year 1993 for agricultural purpose. It is stated that they have been cultivating the said lands and they have not violated any terms and conditions of D-Form pattas or the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977. While so, the respondents are taking steps to dispossess the petitioners from the lands in question, as the said lands are required for the purpose of allotting house sites to the landless poor persons, without following due process of law. It is stated that the petitioners also made a representation before the District Collector, Nellore, on 31-12-2007, requesting not to earmark the said lands for house sites. Learned Government Pleader for Revenue appearing for the respondents submits that it is not known as to whether the said lands are Forest lands, tank bed lands, assigned lands or Government lands. I am of the opinion that if the said lands are assigned lands and if they are required for the purpose of allotting house sites to the landless poor persons, the petitioners are entitled for compensation as per the provisions of the Land Acquisition Act including solatium, additional compensation and interest. But, however, without following due process of law, the petitioners cannot be dispossessed from the lands in question. Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the lands in question without following due process of law. There shall be no order as to costs. __________ 19-02-2008 Note: Issue C.C. in two days (B/o) Prv To 1 The District Collector, Nellore, Nellore District. 2 The Revenue Divisional Officer, Nellore, Nellore District. 3 The Tahasildar (MRO) Udayagiri, Udayagiri mandal, Nellore District. 4 2CCs to GP for Revenue (OUT) 5 2CD copies