IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26900 of 2008 Between: Alli Buchakka W/o.Gangaiah Resident of ward No.2-4-62, Gandhinagar Bellampally,Adilabad District ..... PETITIONER AND 1 The Project Officer,ITDA.,Inegrated Tribal Development Authority- cum-Sub-Collector, Utnoor,Adilabad District 2 The District Collector,Adilabad PIN-504001 .....RESPONDENT(S) 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 any appropriate writ or order more particularly one in the nature of writ of mandamus declaring the action of the first respondents in interfering and evicting the petitioner from the agricultural lands to an extent of 5.00 acres in S.No.80 of Kannala village, Bellampally Mandal,Adilabad District without issuing any notice and without following the procedure under law as illegal, improper arbitrary, and violative of principles of natural justice and also violative of constitutional rights protected under article 14,19,and 21 of the Constitution of India and consequently direct the respondents not to evict the petitioner from her lands to an extent of 5.00 acres in S.No.80 of Kannala village, Bellampally Mandal, Adilabad District in the interest of justice. Counsel for the Petitioner:MR.SURENDRA DESAI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26900 of 2008 ORDER: It is the case of the petitioner that she occupied the land admeasuring 5 acres in Sy.No.80 of Kannala Village, Bellampally Mandal, Adilabad District, belonging to the Government and started cultivation and she is in possession of the said land since more than five years. While so, the officials of the 1st respondent visited the land on 20- 10-2008 and asked the petitioner to vacate the said land stating that it is a Government land. Immediately, the petitioner made a representation, dated 24-10-2008, before the 1st respondent, but no action has been taken. Therefore, the petitioner made another representation before the 2nd respondent on 12-11-2008. As there is threat of eviction, the petitioner approached this court and filed the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. Evidently, the land in question is a poramboke land belonging to the Government and the petitioner has no right whatsoever over the land in question. But that does not mean that the petitioner can summarily be evicted without following due process under law. Having regard to the facts and circumstances, the respondents are directed not to interfere with the petitioner’s peaceful possession and enjoyment of the land in question without following due process under law. Accordingly, the writ petition is disposed of at the stage of admission. There shall be no order as to costs. __________ 16-12-2008 Note: Issue C.C. in three days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}