THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.26653 OF 2011 ORDER: Questioning the action of the respondents in trying to dispossess the petitioners from lands admeasuring AC.2.50 cts out of Ac.5.47 cts in Sy. No.568; Ac.2.47 cts out of Ac.5.47 cts in Sy. No.568 and Ac.0.14 cts in Sy. No.569-3; Ac.2.50 cts out of Ac.6.00 cts in Sy. No.576 and Ac.2.50 cts out of Ac.6.00 cts in the same Sy. No.576 respectively situated in Vutukuru village, Vidavalur Mandal, SPSR Nellore District as illegal and arbitrary, the present Writ Petition is filed. A consequential direction is sought to the respondents not to evict the petitioners from the aforementioned lands. While the petitioners claim to have purchased these lands under an agreement of sale, the respondents in their counter- affidavit would state that these lands are surplus lands, and have been declared as such by the Land Reforms Tribunal, Kavali by order dated 15.04.1996; the Writ Petitions filed by the declarant and his son thereagainst was dismissed in W.P. No.10157 of 1996 dated 05.04.2006 and W.P. No.10327 of 1996 dated 14.06.2006 respectively; the surplus land was identified thereafter, and the lands identified as surplus were found to be under encroachment by different persons by raising Prawn Culture, Fishi culture, Horticulture crops etc. The order of the Land Reforms Tribunal declaring these lands as surplus lands is not under challenge, in this Writ Petition, by the petitioners who claim to have purchased the land from the declarant. As long as the said order of the Land Reforms Tribunal remains in force, the surplus land of the declarant would stand vested in the Government, and the land must be treated as Government lands. Even in case of encroachment of Government lands the only manner of eviction of encroachers therefrom is by taking recourse to proceedings under the A.P. Land Encroachment Act, 1905. Admittedly no such proceedings have been initiated till date. I consider it appropriate, therefore, to dispose of the Writ Petition directing the respondents not to evict the petitioners herein, or dispossess them from the aforementioned lands, except in accordance with law including the provisions of the A.P. Land Encroachment Act, 1905. The Writ Petition is disposed of. No costs. Date: 08.11.2011 ____________________________ RAMESH RANGANATHAN, J MRKR