IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 387 of 2008 Between: Koochipudi Shivaji Chawdari, S/o Late Venkata Satyanarayana, R/o Buttaigudem Village & Mandal, W.G.District. ..... PETITIONER AND 1 The District Collector, West Godavari District, Eluru. 2 The Tahsildar, Buttaigudem Mandal, W.G.District. 3 The S.H.O., Buttaigudem P.S., Buttaigudem, W.G.District. .....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 order direction more particularly one in the nature of writ of mandamus declare the action of the respondents in evicting the petitioner from the land an extent of Ac.14.04 cts., in R.S.No.666/2 of Buttaigudem Village and Mandal, W.G.District as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequentially direct the respondent not to evict the petitioner without following due process of law and to pass such further order or orders as are necessary in the interest of justice. Counsel for the Petitioner:MR.B.SATYANARAYANA Counsel for the Respondents 1 and 2: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR HOME The Court made the following : ORDER: The petitioner seeks a writ of mandamus declaring the action of the respondents in evicting him from the land of an extent of Ac.14.04 cents in R.S.No.666/2 of Buttaigudem village and Mandal, West Godavari District, as illegal and arbitrary and consequently to direct the respondents not to evict him from the said land without following due process of law. Heard both the counsel. It is the case of the petitioner that he and his family members purchased land of an extent of Ac.14.04 cents in R.S.No.666/2 of Buttaigudem village and Mandal, West Godavari District on 09.05.1991 from Smt.Dakarapu Mahalakshmi. It is stated that the Special Deputy Collector, Tribal Welfare, K.R.Puram by order dated 04.10.2007 in S.R.No.25 of 2007 on a complaint made by the Special Deputy Tahsildar, Tribal Welfare, K.R.Puram held that the purchase of the land by the petitioner was not against the provisions of A.P. Scheduled Areas Land Transfer Regulations. It is stated that there is no order passed against the petitioner or his family members for their eviction. The only grievance of the petitioner is that if the said land is required for any public purpose, he shall not be evicted from the said land without following due process of law. Having regard to the facts of the case, without expressing any opinion about the merits of the case, the writ petition is disposed of directing the respondents not to evict the petitioner from his land without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:18.02.2008 Ccm To 1 The District Collector, West Godavari District, Eluru. 2 The Tahsildar, Buttaigudem Mandal, W.G.District. 3 The S.H.O., Buttaigudem P.S., Buttaigudem, W.G.District. 4 2CCs to the Government Pleader for Revenue 5 2CCs to the Government Pleader for Home 6 2CD copies