IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 15021 of 2004 Between: 1 Kota John Simon, s/o George, r/o Pidaparru, Kollipara Mandal, Guntur District. 2 Katepalli Subba Rao, s/o Venkatappaiah, r/o Pidaparru, Kollipara Mandal, Guntur District. 3 Jangam Mariamma, w/o Dasu, r/o Pidaparru, Kollipara Mandal, Guntur District. 4 Bejjam Varalakshmi, w/o Samson, r/o Pidaparru, Kollipara Mandal, Guntur District. 5 Kagitala Ravi, s/o Bhikshalu, r/o Pidaparru, Kollipara Mandal, Guntur District. 6 Wadde Mary Nirmala, w/o Raja Rao, r/o Pidaparru, Kollipara Mandal, Guntur District. 7 Kota Kamala, w/o Ravindra Showry, r/o Pidaparru, Kollipara Mandal, Guntur District. 8 Jangam Venkatappayya, s/o Venkayya, r/o Pidaparru, Kollipara Mandal, Guntur District. 9 Katepalli Gangamma, w/o Appa Rao, r/o Pidaparru, Kollipara Mandal, Guntur District. 10 Konduru Esunadam, s/o Gangaiah @ Vandanam, r/o Pidaparru, Kollipara Mandal, Guntur District. 11 Kota Mariam, w/o Simon, r/o Pidaparru, Kollipara Mandal, Guntur District. 12 Kota Deena Kumari, w/o Mosha, r/o Pidaparru, Kollipara Mandal, Guntur District. 13 Kota Moshe, s/o Simon, r/o Pidaparru, Kollipara Mandal, Guntur District. 14 Konduru Nagendram, s/o Sanjeeva Rao, r/o Pidaparru, Kollipara Mandal, Guntur District. 15 Mallavarapu Abraham, s/o Peter, r/o Pidaparru, Kollipara Mandal, Guntur District. 16 Kota Lazar, s/o John Benny, r/o Pidaparru, Kollipara Mandal, Guntur District. 17 Dooru Eliya, s/o Venkateswara Rao @ Veeraiah, r/o Pidaparru, Kollipara Mandal, Guntur District. 18 Dooru Ratnam, s/o Venkateswara Rao @ Veeraiah, r/o Pidaparru, Kollipara Mandal, Guntur District. 19 Kota Ravindra Showry, s/o John Simon, r/o Pidaparru, Kollipara Mandal, Guntur District. 20 Pothuraju Lillamma, w/o Prasada Rao, r/o Pidaparru, Kollipara Mandal, Guntur District. 21 Pidaparthi Vandanam, s/o Benny, r/o Pidaparru, Kollipara Mandal, Guntur District. ..... PETITIONER(S) AND 1 District Collector, Guntur. 2 Mandal Revenue Officer, Kollipara Mandal, Guntur District. 3 Gram Panchayath, Pidaparru, Kollipara Mandal, Guntur District. 4 Govt. of A.P., represented by the Principal Secretary, Revenue, Secretariat, Hyderabad. .....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 will be pleased to issue an order, direction or writ, more particularly one in the nature of writ of mandamus declaring that the action of the first respondent in not taking action on the representation dated 29/3/2004, and the action of the second and third respondents in threatening to evict the petitioners from S.No.30, Pidaparru Village, without giving notice and opportunity to the petitioners and without waiting for the first respondent to take suitable action on the representation dated 29/3/2004 is illegal, arbitrary and unjust, and further directing the first respondent to take suitable action on the said representation without delay and all the respondents not to evict the petitioners from S.No.30, Pidaparru Village until such action is taken Counsel for the Petitioner: MR.K.BALAGOPAL Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE MR. JUSTICE GODA RAGHURAM W.P.NO. 15021 OF 2004 ORDER: Heard Mr. K. Balagopal, learned counsel for the petitioners, Mr. J.U.M.V. Prasad, learned advocate for the respondents 5 to 7 and learned Government Pleader for Revenue appearing for the respondents 1 to 4. The petitioners apprehend dispossession from the lands in their occupation in Sy.No. 30 to an extent of Ac.6-90 cents situated at Pidaparru in Kollipara Mandal, Guntur district, by the respondents and without following the due process of law. The petitioners claim to be landless poor persons belonging to schedule caste and backward class community. They claim to have been cultivating the various extents of land in Sy.No. 30, of a total extent of Ac.6-09 cents for over three decades. They admit that the land is locally described as “Gopalappa Cheruvu” (tank), but however assert that for a long time there was no water body in the area. While so, the respondents 2 and 3 are threatening to evict the petitioners without following the due process of law, either under the Land Encroachment law or other enactments. The petitioners assert to have made a representation on 29.3.2004 to the 1st respondent alleging threatened dispossession and seeking assignment of the lands in their possession in their favour. The 2nd respondent has filed a counter-affidavit stating that an extent of Ac.6-90 cents was originally a tank bed area of which an extent of 0-39 cents was converted from tank poramboke into “assessed waste dry” and was assigned in favour of three different individuals including the 2nd petitioner. D-form patta was also granted to these three individuals as they were found to be eligible landless poor persons. However, the remaining extent of land in Sy.No. 30 continues to be tank poraramboke. Though the conversion of 0-39 cents was made, but the entire extent of land is reflected in the village records as a tank poramboke. It is further asserted that a number of persons had encroached into the part of the tank bed adjacent to the lands assigned to these three individuals including the 2nd petitioner. Apart from the assignees, others have also encroached into the tank bed land preventing de-silting operations. At present, the water spread area of the tank is only about Ac.1-90 cents as a result of the encroachments. The counter further states that the 1st respondent intends to initiate proceedings under the Land Encroachment Act, 1905 against the encroachers to evict them from the lands in their occupation or encroachment. In the circumstances, the writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders on the petitioners’ representation dated 29.3.2004 expeditiously and in any event within a period of three weeks from the date of receipt of a copy of this order. If the 1st respondent comes to the conclusion that no assignment can be granted to the petitioners or the other represenationists of the representation dated 29.3.2004, they may be accordingly informed and thereafter the 1st respondent may cause appropriate instructions to be issued for eviction of the encroachers under the provisions of the Land Encroachment Act, 1905. Till proceedings following the due process of law are initiated, the petitioners shall not be evicted. No order as to costs. ____________________ GODA RAGHURAM, J Dt.30.4.2008 KR To 1 District Collector, Guntur. 2 Mandal Revenue Officer, Kollipara Mandal, Guntur District. 3 Gram Panchayath, Pidaparru, Kollipara Mandal, Guntur District. 4 Govt. of A.P., represented by the Principal Secretary, Revenue, Secretariat, Hyderabad. 5.2 CCs to GP for Revenue, 6.2 CD copies Form-NIC-OGS/WP{RS}