THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.25148 of 1999 Between: K.Satyanarayana and another. .. PETITIONERS and The Collector and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.25148 of 1999 ORDER: Petitioners seek to issue a Writ of Mandamus declaring the action of the respondents in evicting the petitioners from their huts erected on the land in Sy.No.136/B2 situated at Vengalapuram, Adoni Mandal, Kurnool District, and in not regularizing their occupation in terms of G.O.Ms.No.508, dated 20- 10-1995, as illegal and arbitrary and consequently direct the respondents to regularize their occupation in respect of huts bearing No.16/65-6 erected on the land in S.No.136/B2 of Vengalapuram village. It is the case of the petitioners that both of them are brothers and sons of one Govindappa. It is stated that they encroached upon the Government land and erected two small huts in the said land and they are in continuous possession and enjoyment of the same for the last 17 years. It is stated that they also made a representation, dated 14-11-1995, before the 1st respondent for regularizing of their encroachment. While so, the 2nd respondent visited their huts on 29-11-1999 and asked them to vacate the land. Admittedly, the petitioners are encroachers. Even, if the said land is an assigned land, it is always open for the respondents to take appropriate action against the petitioners in accordance with the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. Even, if the said land is Government land, it is always open for the respondents to take appropriate action under the A.P.Land Encroachment Act, 1905. However, if the petitioners are landless poor and occupied the Government land and if the said land is meant for allotment of house sites in favour of the landless poor and if the petitioners are also landless poor, the claims of the petitioners can also be considered. Insofar as regularization is concerned, there is no proof of filing any representation before the concerned Authority. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners without following due process of law. There shall be no order as to costs. ___________ 06-02-2008 Prv