THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.28006 of 2008 ORDER: There are seventy-nine (79) petitioners in the instant case filed under Article 226 of Constitution of India. They approached this Court seeking following prayer. A writ of Mandamus declaring the action of Government of Andhra Pradesh represented by Secretary to Government in fixing the last date for submission of applications for regularization of houses/house sites under G.O.Ms.No.166, dated 16.02.2008, as illegal and arbitrary and for consequential direction to extend the time for a period of one year or to dispense with time limit for filing applications seeking regularization for occupation of Government land for purposes of houses. Before noticing factual background, the policy unveiled by the Government in G.O.Ms.No.166 need to be mentioned. Commencing from October, 1995 – indeed prior thereto; the Government issued various orders for regularization of encroachment of small extents of land by poor persons for the purpose of housing in cities, municipal areas, villages and other human habitats. In all the Government Orders though time was fixing with reference to the eligibility for regularization depending on the area prior to which encroachment was made, Government themselves extended time number of times. Be that as it is presumably to introduce more transparency and for ameliorative regularization policy, Government made Andhra Pradesh Transfer of Rights to Certain Specified Categories of Occupants of Unassigned Government Lands, 2008 (TR Policy, for brevity) vide G.O.Ms.No.166, dated 16.02.2008. As per this Government Order, for those persons who establish occupation by producing any of the documents as enumerated in paragraph 5 thereof, namely, registered documents of purchase, electricity connection, construction permission, property tax receipts, water supply connection, telephone connection or household supply card, transfer of rights will be effected by fixing nominal cost based on basic value as on 31.12.2003. If the occupation is in less than 80 square yards, transfer will be effected by free regularization. All the petitioners statedly, got house site pattas, constructed houses with roof of galvanized sheets, obtained permissions for availing utilities like water, electricity and are paying necessary charges for them. They are also paying property tax to concerned Panchayat. They allege that they made joint application on 13.12.2008 and subsequently on 20.12.2008 and they also sent separate representation seeking regularization under TR policy. It is alleged that their applications are pending with respondents. In the meanwhile, fifth respondent proclaimed that he would take necessary steps to evict petitioners for establishing brick industries in the land occupied by petitioners. The petitioners allege that land admeasuring Acs.5.12 in survey Nos.91 and 92 of Mangalapalem village is under occupation for more than thirty years and therefore, the threat of dispossession by respondents on 06.12.2008 is illegal and arbitrary. At the stage of admission itself, learned Assistant Government Pleader for Revenue (General-Andhra) obtained instructions from respondents. He submits that land in survey No.91 is Government land whereas land in survey No.92 is private land, which allegedly belongs to fifth respondent. He further submits that petitioners are not in possession of land, and therefore, the question of regularizing their occupation under TR policy does not arise. Petitioners have produced considerable evidence by way of property tax receipts issued by Duvvada Gram Panchayat evidencing payment of tax by some of the petitioners. They also filed tax receipts issued by Greater Visakhapatnam Municipal Corporation, Visakhapatnam, and notices issued under Section 7 of Andhra Pradesh Land Encroachment Act, 1905 to some of them. These would certainly at least prima facie show that petitioners or some of them are in possession of the land as alleged by them. It is no doubt true that the question as to which of the petitioners are in possession of the land in survey Nos.91 or 92 being a question of fact cannot be decided here and it is a matter of enquiry by competent Tahsildar before sending a report to District Collector for regularization under TR policy. As the petitioners already approached first respondent for regularization, these are to be looked into before any coercive steps are taken by following due process of law as to filing of cases under Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 or by filing suits by the Government. Unless and until appropriate orders are passed on the applications for regularization, under due communication to each of the petitioners, there cannot be any coercive action against petitioners, if they are in possession of the property. Insofar as the submission of learned counsel for petitioners that the land in survey No.91 is a private patta land, it is for those private persons to take necessary action under common law for recovery of possession. Be it noted that State actors and non-State actors cannot be permitted to remove the encroachments or take possession by use of force. The writ petition is accordingly disposed of further observing that respondents 1 and 2 may consider the application of petitioners seeking regularization of their occupation under G.O.Ms.No.166, dated 16.02.2008 if they are eligible for such benefit. No costs. _______________ (V.V.S.RAO, J) 24.12.2008 pln