IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 51 of 2009 Between: G.Vijayasekhar S/o Ramaswamy Hindu Venkatapuram(V) Diguva Thadakara Post Tavanampalli(M) Chittoor District. ..... PETITIONER AND 1. The Government of Andhra Pradesh rep.by its District Collector Chittoor District. 2. The Revenue Divisional Officer Chittoor Division Chittoor District. 3. The Thasildar Tavanampalli(M), Chittoor District. .....RESPONDENTS 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 a writ order or direction more particularly one in the nature of writ of Mandamus declare the action on the part of the respondents in evicting the petitioner from the lands in S.No.210 for an extent of Ac 2.80 cents including Thatched House situated at Tadakara (V) Thavanampalli(M) Chittioor District without initiating land acquisition proceedings amounts to erroneous arbitrary and violative of Art 14,21 and 300(A) of constitution of India and consequently direct the respondents not to dispossess the petitioner from the land in S.No.210 for an extent of Ac 2.80 cents including Thatched House situated at Tadakara(V) Thavanampalli(M) Chittoor District without following due process of law and to pass Counsel for the Petitioner: MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.51 of 2009 ORDER: The case of the petitioner is that an extent of Ac.2.80 cents including a thatched house in Survey No.210 situated at Tadakara Village, Thavanampali Mandal, Chittoor District was purchased by his grand father namely G.Chengalrayalu under a registered Sale Deed dated 22.04.1921 and ever since, he was in peaceful possession of the same. After the demise of his grand father, his father by name Ramaswamy succeeded the same and after his demise the petitioner succeeded the said property. It is stated that when one K.Vasantha made an attempt to interfere with the possession of the petitioner, he filed O.S.No.271 of 1990 on the file of the II Additional District Munsif, Chittor, which was decreed by Judgment and Decree, dated 05.08.1994. While so, the Tahsildar, Tavanampalli Mandal, Chittoor District visited the land on 02.01.2009, surveyed the same and also marked for the purpose of acquiring the same to provide house sites to weaker sections. The case of the petitioner is that the land in question is neither an assigned land nor a Government poramboke land. I am not inclined to express any opinion with regard to the right, title and possession of the petitioner and also whether the said land is a Government land or assigned land. But, however, even assuming that he is an encroacher or illegal possessor of the Government land, the petitioner cannot be dispossessed from the same without following the due process of law. Having regard to the same, the writ petition is disposed of directing the respondents not to dispossess the petitioner from the land in question without following the due process of law. _________________ V.ESWARAIAH,J Dated:07.01.2009 THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.51 of 2009 DATED: 07.01.2009