IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 662 of 2009 Between: 1 Manda Srinivasa Rao S/o. Nageswara Rao, R/o. Naganamilli , Nidamarru Mandal, W.G. District. 2 Konda Venkata Satyanarayana S/o. Appanna, R/o. at 14-6, Naganamilli , Nidamarru Mandal, W.G. District. ..... PETITIONERS AND 1 The Revenue Divisional Officer, Eluru, West Godavari District. 2 The Tahsildar, Nidamarru Mandal, W.G. District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying to issue a writ order or direction particularly in the nature of a writ of Mandamus declaring the action of the respondents in trying to take away petitioner's land in S.No. 14/3 of 0.26 cts and in S.N. 47/3 of 0.25 cts respectively situated in Naganamilli Village, Nidamarru Mandal, W.G. District as illegal, arbitrary, violative of constitutional provisions and without following due process of law Counsel for the Petitioner: MR.S.SREERAMACHANDRA MURTHY Counsel for the Respondent No.: GP FOR REVENUE ORDER : First petitioner claims to be in possession of Ac.0-25 cents of land in Survey No.47/3 and the second petitioner claims to be in possession of Ac.0-26 cents of land in Survey No.14/3 of Naganamilli Village, Nidamarru Mandal, West Godavari District for the last several years. It is also stated that they are eking out their livelihood by cultivating the said lands and are paying land revenue from time to time. They complain that the respondents are trying to evict them from the land in question without initiating any proceedings under law. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The petitioners assert that they are in longstanding possession of the lands. However, they are not able to assert the nature of rights they possess vis-à-vis the lands. Even assuming that the possession of the petitioners over the lands is unauthorized, the respondents have to initiate the proceedings under the relevant provisions of law. The petitioners cannot be evicted without initiation of such proceedings. Hence, the writ petition is disposed of directing that the respondents shall not interfere with the possession of the petitioners’ lands in Survey Nos.47/3 and 14/3 of Naganamilli Village, Nidamarru Mandal, West Godavari District, and shall not evict them without initiating any proceedings in accordance with law. ________________________ L.NARASIMHA REDDY, J JANUARY, 22, 2009 KSH/USD