IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No: 10247 of 2001 BETWEEN: 1 Tadi Gangamma W/o Tavitayya, Bhimadole, W.G.Dist. 2 Kangithapalli Kanakamma W/o Sitayya, Bhimadole, W.G.Dist. ... PETITIONERS AND 1 The Dist Collector, Eluru, W.G.Dist. 2 The Mandal Revenue Officer, Bhimadolu, Bhimadolu Mandal, W.G.Dist. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in evicting the petitioners from the land admeasuring 0.50 cents & 0.46 cents in R.S.No.263/3 of Bhimadolu Village & Mandal, W.G. District without following the due process of law & without issuing notice is consequently direct the respondents not to evict the petitioners from the lands admeasuring 0.50 cents & 0.46 cents in R.S.No.263/3 of Bhimadolu Village & also direct the respondents to grant patta to the said lands by assigning the same to the petitioners and pass such other order or orders as are deemed fit and proper under the circumstances of the case. Counsel for the Petitioners: MR.Y.V.RAVI PRASAD Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER: The petitioners seek a declaration that the action of the respondents in evicting them from the land admeasuring Ac.0.50 cents and Ac.0.46 cents in R.S.No.263/3 of Bhimadolu Village and Mandal, West Godavari District, without following the due process of law is illegal, arbitrary and unconstitutional. They also seek a consequential direction to the respondents not to evict them from the said lands. 2. The aﬃdavit ﬁled in support of the writ petition reﬂects the following: The petitioners, being permanent residents of Bhimadolu Village, were landless poor persons eking out their livelihood by doing agricultural coolie work. The ﬁrst petitioner occupied Ac.0.50 cents of land in R.S.No.263/3 while the second petitioner occupied Ac.0.46 cents in R.S.No.263/3 of Bhimadolu Village, which is a vacant poramboke agricultural land. They claimed to be in possession and enjoyment of the said lands for several years duly paying land revenue for the same. 3. While so, it is alleged that the Mandal Revenue Oﬃcer, Bhimadolu, West Godavari District, the second respondent herein, yielding to political pressure, made attempts to evict the petitioners from the subject lands with a view to induct some other persons into the same. The petitioners further claimed that their encroachment on the lands was unobjectionable insofar as the revenue authorities were concerned as was evidenced by the fact that they had been in possession of the subject lands for several years. The petitioners also claimed that they submitted a representation to the District Collector, West Godavari District, the ﬁrst respondent herein, on 16.05.2001 complaining about the highhanded action of the second respondent. However, no action had been taken in the matter and they apprehend that they would be evicted from the subject lands without following the due process of law. Hence, the present writ petition. 4. This Court by interim order dated 23.05.2001 granted stay of dispossession of the petitioners from the subject lands. No counter affidavit is filed by the respondents. 5. In the light of the fact that the petitioners themselves admit to being encroachers upon the land which is classiﬁed as poramboke, it is always open to the Government to resume possession of such land after following the due procedure laid down by law. If the petitioners are in possession of the subject lands even without the authority of law, they are still entitled to the protection aﬀorded by law insofar as their eviction therefrom is concerned. The writ petition is accordingly disposed of holding that the petitioners shall not be dispossessed by the respondents from the lands admeasuring Ac.0.50 cents and Ac.0.46 cents in R.S.No.263/3 of Bhimadolu Village, West Godavari District, without following the due procedure laid down by law. There shall be no order as to costs. __________________ P.V. SANJAY KUMAR, J November 11, 2008 DSK