THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.2281 of 2003 DATED: 26.08.2010 Between: G. Krishnam Raju .. Petitioner And The District Collector, Chittoor, and others. .. Respondents ORDER: Petitioner claims to have purchased the land in an extent of 163½ square yards situated at Ward No.4, Budidamitta, Srikalahasthi, Chittoor District, under registered sale deed dated 06.06.1994, from one M. Murali. He states that after purchasing the said land, he constructed a shed in the said land and also obtained electricity service connection for the same. While so, it is his grievance that the respondents, without issuing any notice and without initiating acquisition proceedings as required under law for acquiring his private property, are trying to dispossess him from the subject property and demolish the shed constructed by him. He, therefore, filed the present writ petition, seeking directions to the respondents not to interfere with his possession and enjoyment of the subject property. While admitting the writ petition on 07.02.2003, this Court issued interim directions to the respondents not to initiate any action without following the due process of law. The 2nd respondent- Mandal Revenue Officer, Srikalahasthi, filed counter, denying the petitioner’s title to the subject land, and it is stated that the petitioner encroached 744 sq.ft. of land in Sy.No.286/1 situated at Budidhamitta, Srikalahasthi, and erected a thatched shed therein. It is further stated that the land in Sy.No.286/1 is classified as Kalva Poramboke and is vested with the Government. It is, however, stated that at present there is no proposal to evict the petitioner from the subject land and whenever the subject land is needed for public purpose, proceedings under the Land Encroachment Act will be initiated and notices will be issued to the petitioner as required under the said Act. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and the learned Standing Counsel appearing for the 4th respondent Devasthanam. Though the petitioner claims the subject land to be the private property, the fact remains, as can be seen from the counter-affidavit of the 2nd respondent, the subject land is situated in Sy.No.286/1, which is classified as Kalva Poramboke and is, therefore, vested with the Government. However, the 2nd respondent has categorically stated in his counter that as of now there is no proposal to evict the petitioner and he also assured that, if the subject land is required for pubic purpose, proceedings under the Land Encroachment Act will be initiated. In view of the said assurance given by the 2nd respondent and in the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with a direction to the respondents that, in the event the petitioner is required to be evicted from the subject land, they must follow due process of law. The writ petition is accordingly disposed of. No order as to costs. __________________ JUSTICE N.V. RAMANA 26th August 2010 IBL