THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15009 of 2003 Dated:19.08.2009 Between: Mungala Gangamma, And others. ….Petitioners And The Mandal Revenue Officer, Pendurthi Mandal, Visakhapatnam District, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15009 of 2003 ORDER: Petitioners are residents of Chinamushidivada Village of Pendurthi Mandal in Visakhapatnam District. They allege that they are in occupation of 60 square yards of Government land in survey No.110 of Chinamushidivada Gram Panchayat, where they raised a thatched house. They are living there for the last 35 years. The thatched house was also assessed to property tax by the Gram Panchayat and they obtained electricity supply connection from A.P.Transco. It is their case that on 17.07.2003 first respondent directed the petitioners to remove the thatched house. They were not issued any notice nor given reasons for such action. Therefore, they filed the instant writ petition seeking a writ of mandamus declaring the action of the respondents in threatening to dispossess them as illegal and arbitrary, and for a consequential direction to the respondents to follow due process of law. First respondent filed counter affidavit. It is stated that the petitioners unauthorizedly occupied the Government land admeasuring 60 square yards and constructed a thatched house. As the encroachment is causing obstruction for free flow of water through the pipelines passing from Tadipudi Reservoir in Vizianagarm District to Visakhapatnam Municipal Corporation, the thatched house was removed. The counter admits that the petitioners’ representation is still pending, and it will be considered on merits. The counter does not dispute that the petitioners were not given any notice before removing the thatched house which they put up in survey No.110, in respect of which, they obtained power connection and panchayat tax assessment number. The action of the first respondent, therefore, is legally unsustainable and it violates principles of natural justice. It is well settled that even an encroacher of Government land has to be evicted by following due process of law. Be that as it is, petitioners have already been removed from the encroachment and they also made a representation for assignment of house site patta. The same may be considered by the first respondent as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. Even, if the petitioners are eligible for assignment of house sites, they may be allotted suitable land. The Writ Petition, with the above observations, is disposed of accordingly. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 19.08.2009 vs