THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 1209 of 2008 Date:25-01-2008 Between: Kokkirapati narasimha Rao and another …PETITIONERS AND The State of A.P. rep. by its Principal Secretary (Revenue), Hyderabad and three others …RESPONDENTS ORDER: The petitioners 1 and 2 seek a writ of mandamus declaring the action of the respondents in distributing their lands in Sy.No.9-4R/1 an extent of Ac.3.50 guntas in Patta Nos.584 and 585 situated at T.Gokavaram village, Pedavegi Mndal, West Godavari District to the landless poor people without conducting any enquiry and without following due process of law, as illegal and arbitrary and consequently direct the respondents not to cancel the pattas which were allotted to them on 16.06.2003. It is the case of the petitioners 1 and 2 that they were assigned with the land of Ac.1.75 cents each in Sy.No.9-4R/1 situated at T.Gokavaram village, Pedavegi Mandal, West Godavari District vide DKT patta, dated 16.06.2003. It is stated that pursuant to the DKT pattas, the lands were mutated in favour of the petitioners and pattadar passbooks and title deeds vide Patta Nos. 584 and 585 have been granted in their favour. It is stated that the petitioners are sought to be dispossessed from their lands for the purpose of assigning house sites in favour of the landless poor in the 4th phase land distribution programme. I am of the opinion that even the assigned lands allotted for the purpose of agriculture can be resumed for assigning the same for allotment of house sites. But, the respondents cannot resume the same without following due process of law and without paying ex gratia and compensation under the Land Acquisition Act. Having regard to the facts of the case, the writ petition is disposed of directing the respondents 3 and 4 not to dispossess the petitioners from their lands without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:25.01.2008 CCM