IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4942 of 2008 Between: Lanka Satyarao 2 Satyam S/o Satyanarayana Kondempudi Village, Butchiyyapeta Mandal, Visakhapatnam. ..... PETITIONER AND 1 The District Collector, Visakhapatnam. 2 Special Deputy Collector, Pedderu Project, Chodavaram Visakhapatnam. 3 the Government of A.P., rep by its Principal Secretary, Reveneu (Land Acquisition) Department, Secretariat, Hyderabad. .....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 a Writ, order or orders or directions particularly in the nature of Writ of Mandamus declaring the action of the respondents taking possession of the land to the extent of acres 0-37 cents under SurveyNo. 8/5, situted in Komdempudi Village, Buthiyyapeta Mandal, of Visakhaptnam District without notice and opportunity as illegal, arbitrary, contrary to law, violative of Article 21 & 300-A of the Constitution of India and contrary to the Land Acquisition act and consequentially directing the Respondents to follow the procedure contemplated under Land Acquisition Act by paying compensation, in the interest of justice and pass such other order or orders as this Hon'ble high Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.V.RAJA RAM Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following: Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4942 of 2008 ORDER: The Petitioner filed the present writ petition with the following prayer: “To issue Writ of Mandamus declaring the action of the respondents in taking possession of the land to the extent of acres 0-37 cents under Survey No. 8/5, situated in Komdempudi Village, Buthiyyapeta Mandal, of Visakhaptnam District without notice and opportunity as illegal, arbitrary, contrary to law, violative of Article 21 & 300-A of the Constitution of India and contrary to the Land Acquisition Act, and consequentially directing the Respondents to follow the procedure contemplated under Land Acquisition Act by paying compensation.” Heard both the counsel. The main grievance of the petitioner is that the respondents are proposing to acquire his land, without considering his representation dated 01.03.2008 and without following due process of law. It is settled law that even in the case of unauthorized occupants, the State cannot evict them without following due process of law. In that view of the matter, this writ petition is disposed of at the admission stage, with a direction to the respondents to consider the representation of the petitioner dated 01.03.2008 and pass appropriate orders thereon, in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. ________________________________ GOPALA KRISHNA TAMADA,J Dated: 10.03.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Visakhapatnam. 2 Special Deputy Collector, Pedderu Project, Chodavaram Visakhapatnam. 3 the Government of A.P., rep by its Principal Secretary, Reveneu (Land Acquisition) Department, Secretariat, Hyderabad. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{KURR}