IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4510 of 2009 Between: Gorli Appa Rao, S/o. Yarakanna, R/o. Gangavaram Village, Subbavaram Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep by the District Collector, Visakhapatnam District, Visakhapatnam. 2 The Tahsildar, Sabbavaram Post, Visakhapatnam 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 a writ, order or direction in the nature of Mandamus declaring the action of the respondents herein to trying to dispossess the petitioner from Ac. 1.50 cents dry in Sy.No. 38/1, Gangavaram Revenue Village, Sabbavaram Mandal, Visakhapatnam District, which is in occupation of the petitioner's family for ever 40 years without following the due process of law as being illegal, unjust, arbitrary and violative of Article 14 and 21 of the constitution of India. Counsel for the Petitioner: MR.E.V.BHAGIRATHA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4510 of 2009 ORDER: The petitioner states that he is in possession and occupation of Acs.1.50 cents of land in Survey No.38/1 of Gangavaram Revenue Village, Sabbavaram Mandal, Visakhapatnam for the past several years. He has placed the copy of Adangal said to have been issued by the Village Revenue Officer for the Fasli- 1414 to the effect that he is in possession of the land. The grievance of the petitioner is that he is sought to be evicted, without following the procedure prescribed under law. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. A copy of the Adangal filed by the petitioner clearly discloses that the entire land in Survey No.38/1 belongs to Government and that the petitioner had encroached into Acs.1.50 cents of land. However, even assuming that the encroachment made by the petitioner is without any basis, he can be evicted only by following the procedure prescribed under law. Hence, the writ petition is disposed of directing that the respondents shall not evict the petitioner from the land in his occupation, except by issuing notice under Section 7 of the A.P. Land Encroachment Act, 1905. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.16.03.2009 VGB