IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5705 of 2008 Between: 1 Sri M. Linga Reddy S/o. M. Yerrappa R/o.D.No. 4/3/144, Near M.G. Metallics, Bellary Road. 2 Smt. M. Varalakshmi W/o. M. Linga Reddy D.No. 4-3-144, Near M 3 Sri K. Viswanath S/o. Onnoori D.No. 6-54-3, Ganesh Nagar, Kalyandurg Road, Anantapur. ..... PETITIONER(S) AND 1 The National Highway Authorities of India, Rep. by its Project Director, Implimentation Unit, Maruthi Nagar, Ananthapur. 2 The Government of A.P. Rep. bys its The Joint Collector, Ananthapur. .....RESPONDENT(S) 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, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not following the procedure established under the Law and trying to disposes the petitioners unauthorizedly from their private property i.e, Sy.No. 117/2007 total an extent of 10 cents in Papampeta, Anantapur as illegal, arbitrary and violative of Articles, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to follow the procedure established under the Law in taking the possession of the Private Property i.e,. Sy.No. 117/2007 total an extent of 10 cents in Papampeta, Anantapur. Counsel for the Petitioner:MR,KUNCHEAMMAHESWARA RAO Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{VSMI} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in trying to dispossess the petitioners unauthorizedly from their land of a total extent of Ac.0.10 cents in S.No.117/2007 in Papampeta, Anantapur District, as arbitrary and illegal. The petitioners assert that they are the absolute owners of a total extent of Ac.0.10 cents of land in S.No.117/2007 situated at Papampeta, Anantapur Town, Anantapur District, wherein they constructed rooms and are in peaceful possession and enjoyment of them. Now, their grievance is that the officers of the 1st respondent, without issuing any notice nor paying any compensation, came to their land and started dumping some material, etc. and tried to dispossess them from the land in question with a view to laying road. Having heard the learned counsel for both the parties and perused the material placed on record, this Court is of the view that the action of the respondents is contrary to the established procedure under law. If the respondents require the land in question, and the petitioners are really the absolute owners of the land, the respondents have to initiate necessary proceedings under the Land Acquisition Act, 1894 (for brevity “the Act”). Even if it is presumed that the petitioners are only encroachers and they do not have any right over the land in question, even then, a notice as contemplated under the provisions of the Land Encroachment Act is to be issued. Hence, this writ petition is disposed of at the admission stage with a direction to the respondents to follow the due procedure prescribed under the law before dispossessing the petitioners from the land in question. No costs. _______________ 25.03.2008 Note: Furnish copy in two days. b/o bcj