THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33296 OF 2011 ORDER: This Writ Petition is filed questioning the action of the third respondent, in dispossessing the petitioner from the petition schedule house bearing No.3/52 in an extent of 98 ankanams and also agricultural land of an extent of Ac.1-00 in Survey No.294/1 of Gadelavagu, Hamlet of Narikellapalli Village, Muthukuru Mandal, Nellore District, as arbitrary and illegal. The petitioner seeks a consequential direction that he not be dispossessed from the subject lands. When the matter came up on 20.12.2011, Learned Government Pleader for Revenue (Andhra and Rayalaseema Areas) sought time to obtain instructions. Today the Learned Government Pleader, on instructions, would submit that while the petitioner was assigned the house site in the year 1985 – 1986, he had encroached upon 90 ankanams of government land on the western side of the house site, and Ac.0-70 cents of agricultural land. Once the petitioner’s possession over the subject lands is admitted, albeit as an encroacher, the only way in which he can be dispossessed therefrom is in accordance with law, including the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (for short, “the Act”). Leaving it open to the respondents to take necessary action, for eviction of the petitioner from the subject lands, in accordance with law including the provisions of the Act, it is made clear that till such action is taken the petitioner shall not be evicted from the subject lands. It is made clear that this order shall not preclude the respondents from considering the petitioner’s claim for assignment of the subject lands strictly in accordance with law, along with all those who are eligible thereto. It is also made clear that the respondents need not await the outcome of the petitioner’s representation, seeking assignment of the subject lands, for taking action to evict the petitioner from the subject lands. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J December 23, 2011 Note: Issue C.C. in one week. B/O.MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33296 OF 2011 December 23, 2011 MD