THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No. 1071 OF 2011 ORDER The petitioner was assigned a small plot of about 53 square yards (30x16 sq.meters) in survey No. 484 of Dharmavaram village by the Tahsildar, the 3rd respondent herein, in the year 1992. She constructed a house thereon and was assigned door No. 15-1-237, by the Dharmavaram Municipality. Dharmavaram railway station is within the South Western railway. On finding that quite a large number of persons have encroached the railway property, steps were initiated by the Estate Officer, South Western Railway, the 1st respondent herein. Orders of eviction were passed against more than one thousand persons in exercise of power under sub- section (1) of Section 5 of the Public Premises (Eviction of Unauthorised Occupation) Act, 1971 (for short ‘the Act’). One such person who suffered order of eviction was Smarnalina. The petitioner contends that on the strength of the said order, the 1st respondent is trying to evict her from the house. Heard the learned counsel for the petitioner, Mr. R.S. Murthy, learned standing counsel for the 1st respondent, learned standing counsel for the 2nd respondent-Municipality and learned Government Pleader for Revenue. The petitioner has placed before this Court the copies of the Order of assignment of house site as well as the proceedings through which the Municipality has assigned number. In case, the land assigned to the petitioner is part of the railway property, the 1st respondent is very much entitled to evict her by initiating necessary proceedings under the relevant provisions of the Act. However, he cannot evict the petitioner on the strength of an Order passed against another individual. Therefore, the writ petition is disposed of directing that the 1st respondent shall not evict the petitioner from her house bearing No.15-1-237, Durga Nagar, Dharmavaram, Ananthapur District, except by following the procedure prescribed under law. It is further made clear that in case there exists an independent order of eviction against the petitioner passed by the 1st respondent, it shall be open to him to execute it. There shall be no order as to costs. _________________________ JUSTICE L. NARASIMHA REDDY Dated: 25.01.2010 tsk