IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 962 of 1993 Between: 1.Parshi Venkatesh s/o Lingaiah 2. Parsha Shankar s/o Lingaiah 3. Gilla Laxmaiah s/o Lachaiah 4. Kannuri Ravi s/o Ellaiah 5. Kunmilla Sadaiah s/oUppalaiah 6. Baisa Rajender s/o Komuraiah 7. Racha Agamallaiah s/o Rajaiah 8. Vemula Murali s/o Venkataiah 9. Kakoti Laxmi w/o Mallaiah 10. Katkuri Ellaiah s/o Posham 11. Gorupati Narasaiah s/o Mallaiah 12. Mandala Ramesh s/o Mallaiah 13. Ram Satyanarayana s/o Sriram Murthy 14. Tadaboina Ramesh s/o Lingaiah 15. Erva Saroja s/o Rajaiah 16. Tadaboina Venkati s/o Maisaiah 17. Cippala Prabhakar s/o Narsaiah 18. Erva Krishna Murti s/o Rajamallu 20. Diviti Anand s/o Laxminarasaiah 21. Dande Rajaiah s/o Mallaiah 22. Katam Srinu s/o Venkati 23. Katam Ravi s/o Venkati 24. Meragoni Rajaiah s/o Venkati 25. Meragani Poshamallu s/o Mallaiah 26. Meragoni Ravi s/o Mallaiah 27. Meragoni Rajamallu s/o Mallaiah 28. Gunda Jyothi s/o Ramulu 29. Madavaveni Kishan so Rajaiah 30. M.Rajam s/o Pullaiah 31. Gadam Viraiah s/o Elaiah 32. Gadam Krishna s/o Viraiah 33. Gadam Babu Rao s/o Viraiah 34. Tangella Mallaiah s/o Narasaiah 36. Mukkiral Pandu s/o Rajeswar Rao 37. Shivaji s/o Bondaiah 38. Madela Srinivas s/o Nambaiah 39. Kalakota Jyogaraju s/o Mallaiah 40. Bokka Srinivas s/o Naganna 41. Pondi Elisha s/o Prakasham 42. Ramanna s/o Rajalingu 43. Tipparapu Ramulu s/o Mallaiah 44. Tipparapu Rajeswara Rao s/o Ramulu 45. Adapa Kamsalya s/o Rajaiah 46. K.Prasad s/o Mallaiah 47. Tadaboina Rajaiah s/o Darmaiah 48. Gidula Rajaiah s/o Lingaiah 49. Gidula Samaiah s/o Lingaiah 50. Madaraveni Ramchander s/o Rajam 51. Bandari Rajkumar s/o Chandraiah 52. Gangiral Venkatesham s/o Laxmaiah 53. Madaraveni Hanmanthu s/o Durgaiah 54. Akula Chandraiah s/o Mallaiah 55. Vemula Mallesham s/o Narayana 56. Total Mondaiah s/o Rajaiah 57. Arepally Lingaiah s/o Mandaiah 58. Naini Narsimhareddy so Raji Reddy 59. Gangirala Prabhakar s/o Laxmaiah 60. Arelli Shankar s/o Ellaiah 61. Arugurala Rajamallu s/o Sailu 62. D. Prasad s.o Ellaiah 63. Anagi Komuraiah s/o Pullaiah 64. Vemula Rajaiah s/o Banaiah 65. Merugu Chandrashekar s/o Venkati 66. Angali Ramaiah s/o Balaiah 67. Bandi Odelu s/o Balaraju 68. Vallakonda Mandunaiah s/o Odelu 69. Gorre Ramaiah s/o Komuraiah 70. Edunu Rajamallu s/o Buchaiah 71. Ngula Malya Shankaraiah s/o Rajveer 72. N.M.Ravinder s/o Nagalingam 73. Gedula Santhosh s/o Chandraiah 74. Odelu s/o Mallaiah 75. Dasari Chandramouli s/o Ramulu 76. Mandepalli Sataiah s/o Machagiri 77. Mandepalli Venkataiah s/o Machagiri 78. Madaraveni Venkataiah s/o Durgaiah 79. R.Laxmaiah s/o Mallaiah 80. G.Upender s/o Rajaiah 81. Pullam Raju s/o Swami 82. Sathish s/o Vasavaraj 83. Eshwar Rao s/o Muttaiah 84. Manamma d/o Muttaiah 85. Gumula Narsaiah s/o Buchaiah 86. Salakula Ramlingu s/o Rajaiah 87. G.Veeresham s/o Badraiah 88. Sudhakar s/o Laxmaiah 89. Eddu Ramaswami s/o Boomaiah 90. Erregolla Komuraiah s/o Onnaiah 91. S.Chakrapani s/o Venkataiah 92. B.Rajesham s/o Mallaiah 93. A.Srinivas s/o Posham 94. K.Yellaiah s/o Posham 95. S.Rajaiah s/o Rajaiah 96. E.Parswathalu s/o Onnaiah 97. Pedda boina Venkataiah s/o Kattaiah (All are residents of Rameshnagar, Tilaknagar Area, Jangaon Village, Ramagundam Mandal, Karimnagar District. ..... PETITIONERS AND 1.The Chief General Manager, Singareni Collieries Co., Ltd., Bellampally division, Bellampally, Adilabad District. 2. The Mandal Revenue Officer, Ramagundam Mandal, Karimnagar 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 particularly one in the nature of Mandamus declaring the action of the respondents herein in initiating steps to demolish the houses of the petitioners and to evict them from Sy.Nos.614, 619 of Rameshnagar, Tilaknagar Area of Jangaon Revenue Village of Ramagundam Mandal of Karimnagar District as arbitrary, illegal and violative of the Principal of Natural Justice. Counsel for the Petitioner: MR.B.NARAYANA REDDY, Advocate. Counsel for the respondent No.1: Mr. K.Srinivasamurthy,Standing Counsel for Singareni Collieries. For the Respondent No.2: GP FOR REVENUE The Court made the following: ORAL ORDER: Petitioners, who claim to be the landless poor persons constructed their houses in Rameshnagar, Jangaon village, Ramagungam Mandal, Karimnagar District in the year 1980 and continues to be in possession of the same, filed the present writ petition complaining that the respondents without following due procedure initiated action for demolition of the houses and trying to evict them from the houses in their respective occupation. In opposition of the writ petition, respondents filed a counter stating that the respondent-Collieries purchased Ac.12.33 gts. of private land in Sy.No.614 of Jangaon Village through private negotiations from one Mr. Mohd. Sarwar S/oAfzal and also purchased Ac.11.39 gts. in Sy.No.619 of Jangaon Village from Mr Laxmaiah and since then they are in possession of the said property. It is denied that petitioners constructed houses and living therein since more than 30 years. It is stated that in a portion of the land purchased in above survey numbers, the company had already constructed quarters for the purpose of employees and the rest of the land is vacant. The remaining land company wants to convert into plots to its employees. When the petitioners with the help of antisocial elements trying to grab the company’s property, company laid a complaint before the local police, against the antisocial elements to curb the same. Against the same, petitioners’ filed the present writ petition and this court granted interim stay on 03-02-1993. Taking advantage of the interim order passed by this court, petitioners are making illegal constructions and they have no right to continue in their occupation over the land and prayed for dismissal. When the writ petition was taken up for hearing, none appears for the petitioners as well as respondents. I have gone through the material available on record. Having regard to the fact that this Court granted interim stay on 03-02-1993, if there are any constructions put up by the petitioners, they should not be disturbed, and time and again it is held by this Court that even if an encroacher is entitled for notice for due eviction and only after following due procedure, they can be evicted. If any of the encroachments made by the petitioners over the land belongs to the respondent-Company, it is open for them to initiate such of the proceedings for due eviction of the same. Only after following the procedure such encroachments, if any, can be removed. The writ petition is accordingly disposed of. No costs. ________________ A.GOPAL REDDY,J Dt. 31-8-2004 MURTHY/KMR //True Copy// ASSISTANT REGISTRAR To 1.The Chief General Manager, Singareni Collieries Co., Ltd., Bellampally division, Bellampally, Adilabad District. 2. The Mandal Revenue Officer, Ramagundam Mandal, Karimnagar District 3. Two CCs to the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT) 2.Two CD copies.