THE HON'BLE MR JUSTICE V ESWARAIAH Writ Petition No.1207 of 2005 DT. 3.2.2011 Between: Maddineni Sambaiah … Petitioner And The District Collector,Khammam dist, Khammam and another … Respondents Counsel for the Petitioner: Sri K Manikyalarao Counsel for respondents: G.P. for Revenue & G O for Social Welfare The Court made the following ORDER: THE HON’BLE SRI JUSTICE V ESWARAIAH WRIT PETITION NO. 1207 of 2005 ORDER : The present writ petition is filed for issuance of a writ of Mandamus declaring the action of the respondents in taking steps to dispossess the petitioner from his peaceful possession and enjoyment of land admeasuring Ac.4.00 cents in Survey No. 24, Gundala village, Bhadrachalam mandal, Khammam district, without following the due procedure contemplated under law, as illegal. The case of the petitioner is that he belongs to a non-tribal community and has purchased land to an extent of Ac.4.00 cents in Survey No. 24, Gundala village, Bhadrachalam taluk from Gattamneni Lakshmaiah for a total consideration of Rs.2000/- under a registered sale deed dated 29.8.1967. The said Gundala village is situated in Schedule Area and was in Gundala Inferior Estate, which was taken over by the Government of A P in the year 1952 under Estates Abolition Act. The vendor’s father inducted into possession by the Estate Holder prior to the notified date of Estate, the petitioner succeeded the same, having purchased the same under a registered sale deed dated 29.8.1967. The complaint of the petitioner is that the second respondent visited the subject land and threatened him to vacate the land on the ground that no patta has been granted by the Settlement Authorities. The petitioner claims that he is landless poor and has no other source of income. It is further stated that the petitioner has not claimed ryotwari patta before the Settlement Officer and though he has purchased the subject land for valid consideration, the second respondent is trying to evict him from the subject land. Hence, the present writ petition. Heard the learned counsel for petitioner and learned Government Pleader for Revenue and perused the material available on record. The only grievance of the petitioner is that the second respondent is trying to dispossess him from the subject land, without following procedure contemplated under the law. This Court, while admitting the writ petition, by order dated 14.2.2005 granted interim direction to maintain status quo. It is now well settled that even an encroacher or a person continuing in possession without any authority, cannot be dispossessed without issuing a notice and following due procedure. Hence, the writ petition is disposed of directing the respondents not to dispossess the petitioner, without following the due procedure of law. No costs. ______________ V. ESWARAIAH,J DATE: 3.2..2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH WRIT PETITION NO. 1207 OF 2005 Date: 3.2.2011