IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6537 of 2008 Between: 1 Ummaneni Ramulu, S/o. Gopaiah, R/o. 26/3/321, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 2 Ummaneni Triuapathaiah, S/o. Ramulu, R/o. 26/3/317, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 3 Yadlapalli Sreenu, S/o. Bikshalu, R/o. 26/3/315, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 4 Yadlapalli Durga Rao, S/o. Bikshalu, R/o. 26/3/322, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 5 Yadlapalli Raju, S/o. Bikshalu, R/o. 26/3/317, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 6 Gorrela Sundaram, S/o. Mohana Lingam, R/o. 26/3/318, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 7 Ummaneni Venkateswarulu, S/o. Gopaiah, R/o. 26/3/319, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 8 Yadlapalli Ramu, S/o. Bikshalu, R/o. 26/3/316, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 9 Yadlapalli Bramhaiah, S/o. Bikshalu, R/o. 26/3/314, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 10 Eega Jayamma, W/o. Chinnaiah, R/o. 26/3/320, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. 11 Yadlapalli Gopi, S/o. Bikshalu, R/o. 26/3/314, R/o. Janashakthi Nagar, Vedayapalem, B.V.Nagar, Nellore, Nellore District. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Housing and Municipal Administration Department, Secretariat, Hyderabad. 2 District Collector, Nellore District, Nellore. 3 Revenue Divisional Officer, Nellore. 4 Nellore Municipal Corporation, Nellore, Rep. by its Commissioner. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the respondents in seeking to dispossess them from their houses bearing Nos. 26/3/321, 23/3/317, 26/3/315, 26/3/322, 26/3/317, 26/3/318, 26/3/319, 26/3/316, 26/3/314, 26/3/320, 26/3/314, Janashakthi Nagar Vedayapalem, B.V. Nagar, Nellore, Nellore District, without following the due process of law as illegal, arbitrary etc. and grant such other relief or reliefs. Counsel for the Petitioners: MR.V.V.L.N.SARMA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition has been filed by the petitioners, who are 11 in number, assailing the action of the respondents in evicting them without putting them on notice based on the report submitted by D.Satyanarayana and others before the Hon’ble Lokayuktha. 2. Notice before admission has been ordered on 27.03.2008. The 4th respondent filed counter-affidavit. T.S.R.Anjaneyulu, Commissioner, Nellore Municipal Corporation, has sworn to the counter affidavit. It is stated in the counter-affidavit that the petitioners encroached the channel poramboke, which is a government land, and causing much inconvenience during rainy season for the free flow of rain water and sullage water effecting the neighbouring locality. It is further stated in the counter-affidavit that the 4th respondent-Corporation issued notices to the petitioners in accordance with law. 3. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the 4th respondent. 4. Learned counsel appearing for the petitioners submits that the petitioners have been residing in the asbestos sheets houses and thatched houses put up by them for the last many years and there are many persons, who have been put up asbestos sheets houses and thatched houses on the land owned by the Government. He further submits that taking action against the petitioners alone leaving the other encroachers would amount to discrimination. It is also contended by the learned counsel appearing for the petitioners that no notice has been served on the petitioners on the proceedings initiated before the Hon’ble Lokayuktha at the instance of D.Satyanarayana and others. 5. A fact remains that the petitioners are the encroachers and they have put up some structures on the encroached land. In such a situation, if any action is to be initiated against them, the respondents have to put them on notice and pass appropriate orders in accordance with law. 6. With the above direction, the writ petition is disposed of at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:14th July, 2008. Note: Issue C.C. within three days. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}