THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23356 of 2007 ORDER: The petitioners are residents of Jangareddigudem Village and Mandal, West Godavari District. According to them, they have occupied small extents of land in Survey Nos.460/1 and 460/2 of that village and constructed houses thereon. This writ petition is filed alleging that the respondents are trying to evict the petitioners forcibly. They state that houses have been constructed long back, so much so, they have been issued Ration Cards and extended other amenities at those addresses and the house numbers are mentioned in the voters list also. The second respondent filed a counter-affidavit. It is stated that the petitioners have occupied tank poramboke and they have been evicted after issuing notice under Section 7 of A.P. Land Encroachment Act, 1095 (for short ‘the Act’) and after passing the orders under Section 6 of the Act. Heard the learned counsel for the petitioners and the learned Government Pleader for Assignments. The petitioners do not claim ownership rights over the land on which they have constructed the houses. They admit that they have encroached the Government land. Even assuming that the land encroached by the petitioners is part of tank bed or poramboke, they can be evicted only after following due process. Though it is mentioned by the second respondent that the petitioners were issued notices under Section 7 of the Act and served with orders under Section 6, nothing is forthcoming from the officials of the Revenue Department. The petitioners were virtually denied the service of such notices or orders. This Court is of the view that the petitioners cannot be evicted forcibly, particularly when houses have been constructed by them long back. Hence, the writ petition is disposed of, directing that the petitioners shall not be dispossessed from the houses in which they are living without issuing notice under Section 7 of the Act and without passing orders under Section 6. It is also made clear that in case any orders have been passed already under Section 6 of the Act against the petitioners, they shall be served on them and in such an event, further steps shall be deferred for a period of four (4) weeks from the date of service. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:02.03.2009 kdl