THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 18532 OF 2011 O R D E R: This Writ Petition has been instituted by 17 individuals, who are said to be residing in and around Silver Jubilee College Premises situate in B Camp, Kurnool Town, Kurnool District. They sought for a writ of mandamus for declaring the action of the 2nd respondent Tahsildar, Kallur Mandal, in seeking to evict them from their dwelling houses, huts and bunks, without following the due process of law, as impermissible. On 04.07.2011, when I considered this matter, I made it clear that without putting the petitioners on notice and providing them at least a week’s time to respond to the notice, no dismantling of the houses built by the petitioners shall be undertaken by the respondents. Learned Government Pleader for Revenue (Andhra Area) secured instructions in the matter from the Tahsildar, Kallur Mandal. It is pointed out that the petitioners have erected small bunks and huts in the land belonging to the local municipal corporation of Kurnool. The Tahsildar never tried to interfere with their possession nor did she threaten to demolish. It is further pointed out that the 1st petitioner Sri Ahmed Basheer, S/o Abdul Shakeer was not residing in the area at all for the past over five years and no hut or bunk raised on the municipal land does belong to him. The Tahsildar has pointed out that the present Writ Petition is only an attempt to stall any possible action that might be taken for protecting the valuable municipal land. Unfortunately, the Municipal Corporation of Kurnool has not been impleaded as a party to this Writ Petition. But however, the District Collector and Magistrate, Kurnool has been impleaded as a respondent. I therefore, consider it appropriate to direct the 1st respondent District Collector, in consultation with the Municipal Corporation, Kurnool, to take an appropriate decision as to whether the land belonging to the municipal corporation, over which, excepting the 1st petitioner, rest of the petitioners appear to have raised some huts/bunks, is otherwise fit and suitable for assignment and as to whether such assignment of land would cause hindrance or difficulty for the municipal corporation at any later point of time. If, on the other hand, the District Collector were to come to a conclusion that this unauthorized occupation by the petitioners of the land of the corporation is to be got rid of such encroachments, I am sure he will direct the competent authority to follow the procedure prescribed under the Andhra Pradesh Land Encroachment Act, 1905 strictly and then alone, remove all such encroachments. With this, the Writ Petition stands disposed of at the admission stage, with the consent of the learned Government Pleader for Revenue. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 18th July 2011 ksld