IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3857 of 2008 AND WRIT PETITION NO : 3858 of 2008 WRIT PETITION NO : 3857 of 2008 Between: M. Rajagopal Reddy, S/o. Late M. Subba Reddy, R/o. Ukkayapalle Village, Kadapa Rural Mandal, Kadapa District. ..... PETITIONER AND 1 The State of Andhra Pradesh Rep. by the District Collector, Kadapa District, Kadapa. 2 The Mandal Revenue Officer, Kadapa Rural Mandal, Kadapa District. ..RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents herein in dispossessing the Writ Petitioner from Sy. Nos.1027/11 and 1027/13 in an extent of Ac.2.00 situated at Ukkayapalle Village, Kadapa Rural Mandal, Kadapa District as illegal, unconstitutional and consequently direct the Respondents herein not to dispossess the Writ Petitioner except in accordance with law and pass such other or further orders. Counsel for the Petitioner:MR.S.V.BHATT Counsel for the Respondents: GP FOR REVENUE WRIT PETITION NO : 3858 of 2008 Between: 1 P.Ravindranatha Reddy,S/o.P.Gangi reddy, 2 P.Srinivasul Reddy,S/o.P.Gangi Reddy, (Both are residents of N.G.O. Colony, Chinna Chowk, Kadapa District.) ... PETITIONERS AND 1 The State of A.P., rep by its District Collector, Kadapa District, Kadapa. 2 The Mandal Revenue Officer, Kadapa Rural Mandal, Kadapa.Dist., ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents herein in dispossessing the Writ Petitioner from Sy.Nos.997(Ac.2.73 cents), Sy.No.1011/1-3 (Ac.0.87 cents), Sy.No.1012/1-4 (Ac.1.13 cents), Sy.No.1013/1-4 (Ac.0.34 cents) situated at Ukkayapalle Village, Kadapa Rural Mandal, Kadapa District as illegal, unconstitutional and consequently direct the Respondents herein not to dispossess the Writ Petitioner except in accordance with law and pass such other or further orders. Counsel for the Petitioners: MR.S.V.BHATT Counsel for the Respondents : GP FOR REVENUE The Court made the following : COMMON ORDER: It is the case of the petitioners that they are the owners and possessors of land in an extent of Ac.2.00 guntas in Sy.Nos.1027/11 and 1027/13 and also Ac.273 cents in Sy.No.997, Ac.0.87 cents in Sy.No.1011/1-3, Ac.1.13 cents in Sy.No.1012/1-4 and Ac.0.34 cents in Sy.No.1013/1-4 situated at Ukkayapalle village, Kadapa Rural Mandal, Kadapa District. It is stated that the said lands are not the government lands or assigned lands and therefore, the said lands cannot be made use for the purpose of allotting house sites in favour of the landless poor under any housing programme. The learned Government Pleader appearing for the respondents on obtaining instructions submits that insofar as the land in Sy.No.997 in an extent of Ac.2.73 cents is a government land, but the same stands in the name of the father of the petitioners in W.P.No.3858 of 2008 and the said land has been resumed after following due process of law and an amount of Rs.8,51,760/- was also awarded towards ex gratia in favour of Pilla Makchugari Gangi Reddy vide cheque No.298876, dated 28.01.2008. But, neither the said Gangi Reddy nor his family members have received the said cheque. The said instructions do not contain any proceedings number to show that the said land was resumed deciding to pay ex gratia. Insofar as other lands are concerned, it is stated that the land acquisition proceedings have been initiated and Section 4(1) notification was also issued on 15.02.2008 and the same was published in the newspaper on 16.02.2008. That being so, I am of the opinion that even in respect of any encroached land, the encroacher cannot be dispossessed without following due process of law under A.P. Land Encroachment Act and if they are assigned lands, the possessors cannot be dispossessed unless due process is followed under the A.P. Assigned Lands (Prohibition of Transfers) Act. If it is patta land, unless the land is acquired for the public purpose by following due process of law, the possessors of the said land cannot be dispossessed. Having regard to the facts of the case, both the writ petitions are disposed of directing the respondents not to dispossess the petitioners from their lands without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:26.02.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}