IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 71 of 2005 Between: Pasupuleti Sammaiah, S/o. Pullaiah, R/o. Parnashala, Dummugudem Mandal, Khammam District. ..... PETITIONER AND The Mandal Revenue Officer, Dummugudem Mandal, Khammam District. .....RESPONDENT 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 declaring the action of the respondent i.e. Mandal Revenue Officer, Dummugudem Mandal, Khammam District, in taking steps to evict the petitioner herein from the lands i.e. Sy.No. 56/2 to extent of Ac. 143 gts, Sy.NO. 54/4 an extent of Ac. 0-65 gts and Sy.NO. 60/4 an extent of Ac. 0.73 gts situated at Parnasala Village, Dummugudem Mandal, Khammam District, without following the procedure laid down under Land Encroachment Act and without due process of law is illegal and void and opposed to Articles 14, 19, 21 and 300(A) of Constitution of India and consequently to direct the respondent not to dispossess the petitioner without due process of law. Counsel for the Petitioner:MR.GOLI.RAMA KRISHNA Counsel for the Respondent No.: GP FOR REVENUE The Court, at the stage of admission, made the following : ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. This writ petition is filed by the petitioner on mere apprehension that the respondent will not follow the procedure under the provisions of the Land Encroachment Act (for short ‘the Act’) or any other law, in evicting him from the lands in an extent of Ac.1.43 guntas in Survey No.56/2, Ac.0.65 guntas in Survey No.54/4 and Ac.0.73 guntas in Survey No.60/4 of Parnasala village, Dummugudem Mandal, Khammam District. Once the petitioner alleged that he is in possession of the lands in question since 1950, the respondents are under obligation to follow the procedure. Even though the said possession is unauthorised, the respondents are expected to follow the procedure and put the petitioner on notice for such eviction. Without following the said procedure, the petitioner cannot be dispossessed from his property. The writ petition is accordingly dismissed. No costs. __________________ A. Gopal Reddy, J Date: 11.01.2005 Tsr To 1. The Mandal Revenue Officer, Dummugudem Mandal, Khammam District. 2. Two CCs to G.P. for Revenue, High Court of A.P., Hyderabad. 3. Two CD Copies