IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 11872 of 2001 Between: 1 Sugavasi Parvathi, W/o Narayana R/o Railway Kodur Village & Mandal, Cuddapah District. 2 Sugavasi Leelavathamma, W/o Veera Swamy, R/o Railway Kodur Village & Mandal, Cuddapah District. ..... PETITIONER(S) AND 1 The Revenue Divisional Officer, Rajampet, Cuddapah District. 2 The Mandal Revenue Officer, Railkway Kodur Mandal, Cuddapah District. .....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 will be pleased to to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the actin of the Respondents in attempting to dispossesss the petitioners from 20 cents of land each in Sy.NO.1599/1A of Railway Kodur Village and Mandal, Cuddapah District without issuing any notice and wothout passing any orders and without acquiring the petitioners lands as illegal unjust arbitray discriminative and biased and against statutory provisions and against Article 14 and 300-A of the Constitution of India and consequently direct the Respondents not to dispossess the petitioner form their land of 20 cents each in Sy.No. 1599/1A fo Railway Kodur Village and Village and Mandal, Cuddapah District without issuing any notice and without passing any orders Counsel for the Petitioner:MR.L.J.VEERA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.11872 OF 2001 ORAL ORDER: Aggrieved by the alleged action of the respondent- authorities in seeking to dispossess them from Ac.0.40 cents of land situated in Survey No.1599/1A of Railway Kodur Village and Mandal, Cuddapah District, without following the procedure laid down by law, the petitioners herein approached this Court by way of the present writ petition. It is the case of the petitioners that their father-in-law by name, Sugavasi Lakshmaiah, and his forefathers were enjoying the subject land since several years and the same partakes the character of ancestral property. The petitioners stated in their aﬃdavit ﬁled in support of the writ petition that they have been in possession of the said land and were raising crops thereupon. They claimed title to the subject land stating that after their father-in-law died, the same was given to them. It is further stated that the Mandal Revenue Oﬃcer, Railway Kodur Mandal, Cuddapah District, levied and collected regularization charges from the petitioners with regard to the illegal construction made by them in the said land. The grievance of the petitioners is that the respondent-authorities, without initiating action in accordance with law, were attempting to dispossess them from the subject land and allot it to others. They ﬁled the present writ petition seeking to protect their possession over the subject land. By an order dated 18.06.2001 in W.P.M.P.No.14702 of 2001 in W.P.No.11872 of 2001, this Court granted an interim direction not to dispossess the petitioners from the subject land without the due process of law. A counter aﬃdavit is ﬁled by the Mandal Revenue Oﬃcer, Railway Kodur Mandal, Cuddapah District, stating to the eﬀect that the Government land classiﬁed as river poramboke situated in Survey No.1599/1A, Railway Kodur Village and Mandal, Cuddapah District, was identiﬁed for the purpose of construction of a Shadi Khana for the beneﬁt of the muslim minorities of the village. It is stated that the said land was inspected by the Mandal Revenue Oﬃcer, Railway Kodur Mandal, on 25.06.2001 and it was found that the land, being at a high level, would not be aﬀected by the river ﬂow. In the light of the positive report submitted by the Mandal Revenue Oﬃcer to the higher authorities, it is alleged that the petitioners, having come to know of the same, approached this Court and obtained interim orders. It is further stated that the petitioners’ family owned patta land in Survey No.1586/1, which is adjacent to this river poramboke and taking advantage of this fact, they had occupied an extent of about Ac.0.35 cents in Survey No.1599/1A of Railway Kodur Village and had raised crops thereupon. It is admitted that the petitioners were made to pay a sum of Rs.30,008/- for regularization of the construction made by them in the land admeasuring 194 square yards encroached by them. Insofar as the river poramboke is concerned, it is stated that the same was encroached upon by the petitioners. It is denied that they were dependant upon the same for their livelihood, inasmuch as they were having other lands admeasuring Ac.2.15 cents. It is denied that there was an attempt to dispossess the petitioners from the said land without giving notice to them. It is further stated that there was no need to acquire the land as the same, being a river poramboke, belonged to the Government. The counter aﬃdavit concludes with the statement to the eﬀect that the subject land is required for the purpose of constructing a Shadi Khana for the welfare of the minority muslim community and that the writ petitioners could not be permitted to stall the same. Inasmuch as the respondent-authorities admit to the fact that the petitioners are in actual physical possession of the land in question, it is open to them to resume possession only by following the procedure laid down by law. If the said land is required for a public purpose, it is for the respondent- authorities to free it from encroachment by duly following the legal process. The writ petition is accordingly disposed of holding that the respondent-authorities are bound to follow the procedure laid down by law for resuming possession of the land admeasuring Ac.0.40 cents in Survey No.1599/1A of Railway Kodur Village and Mandal, Cuddapah District which is alleged to be under the illegal occupation of the petitioners. There shall be no order as to costs. _________________________ P.V.SANJAY KUMAR, J. 24th October, 2008. VGSR