THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITON No.31711 OF 2011 WRIT PETITON No.31722 OF 2011 AND WRIT PETITON No.31737 OF 2011 COMMON ORDER: The action of the respondents in threatening to demolish the structures raised by the petitioners, after dispossessing them from their houses at Gaddapotharam village, Jinnaram Mandal, Medak District, without putting them on notice and without following the procedure contemplated by law, is questioned in this Writ Petition as being arbitrary and illegal. It is the petitioners case that they are all landless poor persons working as agricultural coolies, and eking out their livelihood on daily wages; they are living in thatched sheds, raised over 30 to 40 sq. yards of land, for a long time; in the year 2010, the Grampanchayat, Gaddapotharam village had recommended assignment of house sites to the petitioners; the Government had also promised that house sites would be assigned in their favour; and, in the meanwhile, without issuing any notice and without following the procedure contemplated by law, respondents 1 to 3 had visited the houses of the petitioners, and had threatened to demolish the structures raised by them. When the matter was listed on 01.12.2011, Learned Government Pleader for Revenue (Assignment) sought time to obtain instructions. Today the Learned Government Pleader would submit that there are structures existing on the ground even though they are semi-ﬁnished; the land belongs to the Government and the encroachments thereupon are illegal; and that necessary action would be taken for their eviction in accordance with law. Once the respondents admit that the petitioners are in possession of the house sites in question; and they had raised structures thereupon albeit such obstructions are at present in a semi-finished condition; the only way they can be evicted is in accordance with law including in accordance with the provisions of the A.P. Land Encroachment Act, 1905. Leaving it open to the respondent to take such action, as they consider appropriate, in accordance with law including the provisions of the A.P. Land Encroachments Act, 1905, it is made clear that till orders are passed in this regard, after putting the petitioners on notice and after giving them an opportunity of being heard, they shall neither be evicted from the house sites in question nor shall the subject structures be demolished. All the Writ Petitions are disposed of accordingly. No costs. Date: 03.12.2011 ____________________________ RAMESH RANGANATHAN, J Note: Issue Copy in one week. B/o MRKR