IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 9456 of 2004 Between: 1 G.Nageswara Rao S/o G.Prakasam Rudravaram Village Muppalla Mandal, guntur Dist 2 G.Musalaiah S/o G.Prakasam Rudravaram Village Muppalla Mandal, Guntur dist ..... PETITIONER(S) AND 1 The District Collector Guntur District 2 The Revenue Divisional Officer , Guntur Guntur District 3 The Mandal Revenue Officer , Muppalla Mandal guntur District 4 The Rudravaram Gram Panchayat rep. by its Surpanch, Bolla Syamala Devi Muppalla Mandal Guntur District 5 The Village Secretary Rudravaram Gram Panchayat, Rudravaram Village, Muppalla Mandal Guntur 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 will be pleased to issue an appropriate writ more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd and 4th respondents in resorting to demolish petitioners residential huts and evicting the petitioners from the pieces of lands admeasuring 125 sq. Yards each, which is a Government Poramboke situated at Sy.No.577 of Rudravaram Village, Muppalla Mandal Guntur District forcibly without following the due procedure as contemplated under the land Encroachment Act. as illegal, arbitrary and consequentially direct the 2nd and 3rd respondents to grant house site pattas in favour of the petitioners. Counsel for the Petitioners : MR. VENKATESWARLU NALABOTHU Counsel for the Respondents : GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.9456 OF 2004 ORDER : The petitioners herein claim to be in possession and enjoyment of small extents of land situated in Sy.No.577 of Rudravaram Village, Muppalla Mandal, Guntur District wherein they have constructed their residential houses and residing therein for the past 24 years. The fact that the said land in Sy.No.577 is classified as Government waste land is not disputed by the petitioners. However, it is pleaded that the father of the petitioners was granted a house site patta in Sy.No.562 of Rudravaram Village which is adjacent to Sy.No.577 wherein a house was constructed by their father and since the same was not sufficient, a small extent of Government land in Sy.No.577 was also occupied by them for their residential purpose. While so, the 4th respondent at the instance of the 3rd respondent started interfering with their possession of the small extents of land situated in Sy.No.577 and attempted to evict them forcibly. Aggrieved by the said action of the respondents, the present writ petition is filed. In the counter-affidavit filed by the Mandal Revenue Officer, Muppalla Mandal, Guntur District, the allegation of the petitioners that the respondents were attempting to evict them without following due process of law from the land in Sy.No.577 has been denied and it is stated that notices were issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 calling upon them to show- cause as to why they should not be evicted. Heard the learned counsel for both the parties. Admittedly the land situated in Sy.No.577 is Government poramboke land. Even assuming that the petitioners are in unauthorized occupation of the same, they cannot be dispossessed without following due process of law. Accordingly, the Writ Petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioners in respect of the land in their occupation in Sy.No.577 of Rudravaram Village in any manner whatsoever without following due process of law. No costs. ______________ G. ROHINI, J. Dt. 19.12.2008 gbs