IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA W.P.NOS.17443 AND 17444 OF 2008 WRIT PETITION NO : 17443 of 2008 Between: 1 Raavi Sudhakar, S/o. Venakateswarlu, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 2 Byraboyina Kondala Rao, S/o. Jagaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 3 Byraboina Balaiah, S/o. Jogaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 4 Latha Naga Lakshmamma, W/o. Venkataswamy, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 5 Miriyam Nagarjuna, S/o. Chinna Subbarudu, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 6 Bathula Subbaiah, S/o. Nagaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 7 PUlivarthi Sujatha, W/o. Chandramouli, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 8 Kallu Guravaiah, S/o. Mugaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 9 Kallu Chinna Guravaiah, S/o. Mugaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 10 Nalagondla Nagamma, W/o. Lakshminarayana, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 11 Gudipati Audi Lakshmma, W/o. Konda Gurvaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 12 Perugu Achama, W/o. Nagaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 13 Kamepalli Bapamma, S/o. Late Rangaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 14 Byraboyina Peddakka, W/o. Chinnapitchi Guravaiah, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. 15 Gudipati Nagamma, W/o. Peddamma, R/o. Pedagogulapalli, C.S. Puram Mandal, Prakasam District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its District Collector, Prakasam District at Ongole. 2 Revenue Divisional Officer, Kandukur Mandal, Prakasam District. 3 Tahsildar, C.S. Puram Mandal, Prakasam 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 in insisting the petitioners to vacate from their respective landed properties covered by Survey Numbers 392/P, 106/P, 359/2 and 54/P of Pedagogulapalli Village without following due process of law as illegal, irregular, arbitrary, violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents not to dispossess the petitioners from their respective lands. WRIT PETITION NO : 17444 of 2008 Between: Duddela Subhashini W/o.Chenna Kesavulu Vijayalakshmipuram Bapatla Town,Guntur District ..... PETITIONER AND 1 The State of A.P Rep.by its District Collector Prakasam District at Ongole 2 The Revenue Divisional Officer Ongole,Prakasam District 3 The Tahsildar Ongole,Prakasam 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 in insisting the petitioner to vacate from her site covered by survey number 24 of Pelluru(V) as illegal, irregular without jurisdiction violative of provisions of Andhra Pradesh assigned Lands(Prohibition of Transfers) act 1977 and rules framed there under and oﬀends articles 14,21 and 300-A of constitution of India and consequently direct the respondents not to dispossess the petitioner from his site property covered by survey number 27 of Pelluru(V) Counsel for the Petitioners: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR REVENUE THE COURT MADE THE FOLLOWING COMMON ORDER: These two writ petitions are ﬁled by the petitioners stating that the respondents are trying to dispossess them from the subject matter of lands without following due process of law and, therefore, they are being heard and disposed of by this common order. This Court on 12.8.2008 while issuing notice before admission directed the parties to maintain status quo. Today, when the matter is taken up, the learned Assistant Government Pleader for Revenue, appearing for the respondents, produced before this Court the instructions sent to her by the Tahsildar, Ongole as per which Pelluru Village was Jamindar Village under the rule of Venkata Giri Rajas Kingdom before 1948. After abolition of Estates Act, 1948 it was surveyed and the Fair Land Register (FLR) has come into force. As seen from the Fair Adangal, and 10(1) of Pelluru Village, Sy.No.27 admeasuring an extent of Ac.9.27 cents is classiﬁed as AW land and without any order from competent authority, it was tampered by rounding AW land into dry land. It is stated that the name of Yerrabothu Suryanarayana, as Pattadar was also entered without any order of competent authority and that he is no more. It is also stated that the then Tahsidlar inspected the land admeasuring an extent of Ac.9.27 cents along with Mandal Revenue Inspector and Surveyor and at that time, the land in question is vacant and plain and is a barren land and the said facts have been reported to the District Collector, Prakasam for suitable instructions. Pursuant thereto, the District Collector has constituted a committee with Revenue Divisional oﬃcer, Assistant Director, Survey and Settelment, Sub-Registrar, Ongole and Tahsidlar, Ongole to check up all the records and submit ﬁndings in the matter. While the said issue is pending, the present writ petitions are filed. A perusal of the instructions indicate that as on today no proceedings are initiated against the petitioners and a committee is being appointed by the District Collector to examine the records and to take further action. Therefore, at this stage, no relief can be granted to the petitioners. The writ petitions are accordingly dismissed granting liberty to the petitioners challenge the proceedings if any, issued by the respondents seeking their eviction from the disputed lands at appropriate time. No costs. N.V.RAMANA,J msv Dt.2.9.2008 TO 1 State of Andhra Pradesh, Rep. by its District Collector, Prakasam District at Ongole. 2 Revenue Divisional Officer, Kandukur Mandal, Prakasam District. 3 Tahsildar, C.S. Puram Mandal, Prakasam District.