THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.23256 of 2011 ORDER: The action of the second respondent, in interfering with the petitioners’ peaceful possession and enjoyment of land admeasuring Ac.1.20 cents, and their house constructed over the appurtenant site admeasuring Ac.0.28 cents in Sy.No.236 of Desaipet Village, Vetapalem Mandal, Prakasam District, is under challenge in this Writ Petition as being illegal and arbitrary. The petitioners’ claim that their ancestors and themselves have been in peaceful possession of the subject land for more than 30 years, and the respondents, at the behest of third parties (against whom the petitioners had filed O.S.No.84 of 2011), had sought to illegally evict them from their lands in question. Learned Government Pleader for Revenue (Andhra and Rayalaseema Areas), on instructions, states that the total extent of land in Sy.No.236 of Desaipet Village was Ac.2.08 cents; it was classified in the revenue records as ‘Donka Poramboke’; the petitioners had illegally occupied Ac.0.03 cents of land; they had constructed a house thereon; and they cannot be permitted to continue to retain possession of the land belonging to the government. The fact that the petitioner is in possession of Ac.0.03 cents of land over which a house was constructed is admitted. The remedy which the respondents have to evict the petitioners, even if their contention that the lands belong to the government is to be accepted, is in accordance with the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) which prescribes a detailed procedure, including giving the alleged encroacher an opportunity of being heard. The Writ Petition is disposed of directing the respondents not to dispossess the petitioners from the land to the limited extent it is in their possession, and the site over which their house was constructed, except in accordance with law including the provisions of the Act. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:25.08.2011 usd