IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8824 of 2001 Between: 1 B. Gopal Naik, S/o. Bheemala Naik, R/o. Dr.No.5/245, Saidapet, Madanapalli, Chittoor District 2 S. Mohammad Abdulla, S/o. Reddy Saheb, R/o. Dr.No.5/1-44, Saidapet, Madanapalli, Chittoor District 3 S. Nazan Bee, W/o. Sayyed Saheb, R/o. Dr.No.5-235-A, Saidapet, Madanapalli, Chittoor District 4 S. Reddy Bee, W/o. Habbeb, R/o. Dr.No.5-1-A-14, Saidapet, Madanapalli, Chittoor District 5 S. Fakruddin, S/o. Hydar Saheb, R/o. Dr.No.V--1--A--15, Saidapet, Madanapalli, Chittoor District 6 P. Mallikarjun, S/o. Ramaiah, R/o. Dr.No.V--1-- A--13, Saidapet, Madanapalli, Chittoor District 7 S. Khaleel, S/o. Khadar Valli, R/o. Dr.No.5--1--A--321, Saidapet, Madanapalli, Chittoor District 8 B. Reddema, W/o. Gopala Naik, R/o. Dr.No.2--45 Saidapet, Madanapalli, Chittoor District 9 S. Gafoor Saheb, S/o. Dadasaheb, R/o. Dr.No.5-2-43, Saidapet, Madanapalli, Chittoor District ..... PETITIONER(S) AND 1 The Municipal Commissioner, Madanapalli Municipality, Madanapalli, Chittoor District. 2 The Mandal Revenue Officer, Madanapalli, Chittoor District. 3 The Executive Engineer, Irrigation Department Madanapalli, Chittoor District. .....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 may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing the Respondents not to demolish the houses bearing Nos. 5/245, 5-1-44, 5-235-A, 5-1-A-14, 5-1-15, 5-1-A-13, 5-1-A321, 5-2-45 and 5-2- 43 situated in Sy.No. 229/1 c of Madanaplli Twon, Chittoor District by declaring the action of the Respondents in demolishing the house without following due process of law as arbitary, illegal and unconstitutional. Counsel for the Petitioner:MR.T.NAGARJUNA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8824 of 2001 ORDER: The petitioners alleged in the writ petition that they are poor people belonging to scheduled caste and scheduled tribe community and are residing in part of the land bearing Sy.No.229/1C of Madanapalle Town, Chittoor District, for the last several years. They claim that they have constructed houses and they have been paying tax and electricity consumption charges for the power supplied to them for the last several years. It is alleged that on 25-04-2001, the officials of the revenue department tried to forcibly demolish and occupy the land covered by their houses. Thereupon, they have approached this court seeking a direction that the respondents cannot evict them or demolish the houses of the petitioners without following the due process of law. 2. While admitting the writ petition on 27-04-2001, this court had granted interim direction directing the respondents not to demolish the houses of the petitioners by specifying house numbers therein situated in Sy.No.229/1C of Madanapalle Town, Chittoor District. By the same order, it was clarified that the said order will not preclude the respondents to proceed further in the matter in accordance with law. 3. The 2nd respondent-Mandal Revenue Officer has filed a counter affidavit mentioning that the entire Sy.No.229/1C admeasuring 24-97 cents is classified as Bahuda River Poramboke and as such, the action was sought to be taken against the petitioners under the Land Encroachment Act, 1905, vide notice under Section 7, dated 01-05-2001. It is also alleged that the petitioners refused to take notice and, therefore, substitute service was effected. In view of the same, the Mandal Revenue Officer claims that he has followed the due process of law. 4. Since there is an interim order operating against the petitioners from 27-04-2001, it is appropriate for the respondents to issue fresh notice if any under the Land Encroachment Act, 1905, if they so feel necessary and take appropriate action in accordance with law after service of due notice and opportunity of hearing, to the petitioners and till then, not to take any forcible or coercive action against the petitioners. 5. With the aforesaid direction, the writ petition is disposed of. There shall be no order as to costs. ___________ 02-12-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VVS}