IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4557 of 2008 Between: 1 V.Ramalinga Reddy S/o.Pedda Rami Reddy R/o.Udumalpuram, Nandyal Mandal, Kurnool District. 2 Pyreddy Srinivasa Reddy S/o.Nagireddy R/o.Udumalpuram, Nandyal Mandal, Kurnool District. 3 Kommireddy Janardhan Reddy S/o.Narayan Reddy R/o.Udumalpuram, Nandyal Mandal, Kurnool District. 4 Dudekula Siddaiah S/o.Pakeerappa R/o.Udumalpuram, Nandyal Mandal, Kurnool District. 5 Pyreddy Nagireddy S/o.P.Narayana Reddy R/o.Udumalpuram, Nandyal Mandal, Kurnool District. ..... PETITIONERS AND 1 The Land Acquisition Officer cum District Collector, Kurnool, Kurnool District. 2 The Revenue Divisional Officer, Nandyal, Kurnool District. 3 The Government of Andhra Pradesh, rep. by its Secretary Revenue Department, Secretariat Buildings, AP Secretariat, Hyderabad. .....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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondents in taking possession of the land belonging to the petitioners measuring as extent of Ac.0.32 cents situate in Sy.No.717, Ac.0.29 cents situate in Sy.No.717 and Ac.0.37 cents situate in Sy.No. 708, Ac. 0.64 cents situate in Sy.No. 714, Ac.0.29 cents situate in Sy.No. 718/1, Ac.0.14 cents situate in Sy.No.711 and Ac.0.30 cents situate in Sy.No. 712 of Udumulapuram Village, Nandyal Mandal, Kurnool District without following due process of law as arbitrary, illegal and unconstitutional and consequently direct the Respondents to refrain from interfering with the possession and enjoyment of the said property and pass such other or further orders. Counsel for the Petitioner: MR.T.NIRANJAN REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION Counsel for the Respondent Nos.2 & 3: GP FOR REVENUE The Court made the following: Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4557 of 2008 ORDER: The Petitioners filed the present writ petition with the following prayer: “To issue Writ of Mandamus declaring the action of the Respondents in taking possession of the land belonging to the petitioners measuring an extent of Ac.0.32 cents situated in Sy.No.717, Ac.0.29 cents situated in Sy.No.717 and Ac.0.37 cents situated in Sy.No. 708, Ac. 0.64 cents situated in Sy.No. 714, Ac.0.29 cents situated in Sy.No. 718/1, Ac.0.14 cents situated in Sy.No.711 and Ac.0.30 cents situated in Sy.No. 712 of Udumulapuram Village, Nandyal Mandal, Kurnool District without following due process of law as arbitrary, illegal and unconstitutional and consequently direct the Respondents to refrain from interfering with the possession and enjoyment of the said property.” According to the petitioners, they purchased the above mentioned lands by virtue of registered sale deeds and gift deeds, and ever since they have been in peaceful possession and enjoyment of the said lands, and their names were shown in the village records as possessors and they were also issued with pattadar pass books by the revenue officials. However, the respondents, without following due process of law, are trying to dispossess them and hence they approached this Court with the present writ petition. The learned Govt.Pleader for Land Acquisition, on instructions, submitted that the entire lands in Sy.Nos.717, 708, 714, 718, 711, 712 of Udumalpuram village are classified as railway poramboke- Government lands, but not patta lands, and as such, the question of claiming title by the petitioners over the said lands does not arise. Heard both the counsel. Having regard to the fact that the petitioners are permitted to be in possession of the above lands for the last so many years, and even if it is accepted that those lands are revenue poramboke-Government lands, the authorities i.e. respondents cannot acquire those lands without following due process of law. The grievance of the petitioners is that the respondents did not consider their representations and without following due process of law, the respondents are trying to dispossess them from the lands in question. The learned counsel for the petitioner also submitted that the standing crops are in existence in the lands in question. It is settled law that even in the case of unauthorized occupants, the State cannot evict them without following due process of law. In that view of the matter, this writ petition is disposed of at the admission stage, with a direction to the respondents not to evict the petitioners without following due process of law. The respondents are also directed to consider the representations of the petitioners and pass appropriate orders thereon, in accordance with law. Till then, the petitioners shall not be dispossessed from the lands in question. ________________________________ GOPALA KRISHNA TAMADA,J Dated: 10.03.2008 Dsr Note: Issue copy in two days B/o Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Land Acquisition Officer cum District Collector, Kurnool, Kurnool District. 2 The Revenue Divisional Officer, Nandyal, Kurnool District. 3 The Government of Andhra Pradesh, rep. by its Secretary Revenue Department, Secretariat Buildings, AP Secretariat, Hyderabad. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{KURR}