IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3807 of 2008 Between: 1 Cherukuri Sai Mani, w/o. Venkata Satyanarayana Babu, R/o. Vaivaka Village, Mudinepalli Mandal, Krishna District. 2 Moturu Sailaja, W/o. Basava Shankar Kumar, R/o. Vaivaka Village, Mudinepalli Mandal, Krishna District. 3 Arekapudi Seetharama Swamy, S/o. Laxmi Narayana, R/o. Satrampadu, Mandava Vari Veedhi, 4th Line, Eluru, West Godavari District. ..... PETITIONERS AND 1 The Revenue Divisional Officer, Gudivada Division, Krishna District. 2 The Tahsildar, Mudinepally Mandal, Krishna 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 particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from the lands in R.S.Nos. 785-3, 785-4 and 785-6, R.S. Nos. 785-8, 786-1 and 203-2, 785-8, 786-2 situated at Vaivaka Village, Mudinepally Mandal, krishna District on which D-Form Pattas were granted in favour of the petitioners without issuing any notice whatsoever to us and without following due process of law as arbitrary illegal and in violation of the well-settled principles of natural justice. Counsel for the Petitioners:MR.RAMA RAO GHANTA Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3807 of 2008 ORDER: It is the case of the petitioners that they have been assigned the lands admeasuring Ac.2-74 cents, Ac.1-71 cents and Ac.2-69 cents respectively in various survey numbers vide D-Form patta Nos.393, 396 and 398 respectively on 12-06-1992. From the date of assignment, they have been in continuous possession and enjoyment of 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 petitioners are sought to be dispossessed from the lands in question as the said lands are required for the purpose of allotting house sites in favour of houseless poor persons. Learned Government Pleader for Revenue appearing for the respondents submits that so far no such resumption order has been passed and the writ petition is filed only on mere apprehension. I am of the opinion that if the petitioners violated any terms and conditions of D-Form pattas or the provisions of the Act, it is always open for the respondents to resume the said lands after following due process of law. Even, if there is no violation of terms and conditions of D-Form pattas or the provisions of the Act, if the said lands are required for public purpose, the said lands can be resumed by paying compensation in accordance with law. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 25-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}