THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO.28542 OF 2010 DT.19.11.2010 Between: M.Srinivas Reddy and two others ……………Petitioners Vs. The District Collector, Medak District and two others. ……………Respondents. O R D E R: This writ petition has been filed seeking to declare the action of the respondents in interfering with the petitioners’ possession of the lands situated in S.No.967 and 967/E without following due process of law as illegal. Petitioner Nos.1 to 3 claim to be the absolute owners and possessors of an extent of Ac 517.50 square yards, 121.25 square yards and 516 square yards of land respectively, situated in S.No.967 and 967/E of Mittapalli Village, Rangadhampalli Mandal, Medak District. They claim to have purchased the said land from the original owners under registered documents. The petitioners assert that the lands are patta lands and that the respondents have no authority of law to interfere with their possession and enjoyment of the said lands. The grievance of the petitioners is that the respondents under the garb of treating the said lands as Government lands are interfering with their possession without any manner of right. The petitioners state that even if the land is a Government land or assigned land, they cannot be evicted or dispossessed by the respondents without following due process of law. Heard the learned counsel for the petitioners and the learned Government Pleader and with the consent of both the learned counsel, the writ petition is being disposed of at the admission stage. It is not in dispute that the petitioners are in possession of certain extents of land as mentioned above. That being so, even if the said lands are found to be Government or the assigned lands, the petitioners cannot be evicted with following due process of law. It is well settled that even an encroacher is not liable to be evicted without being affording an opportunity,. In view of the same, the respondents are directed not to interfere with the petitioners’ possession of the aforesaid lands without following due process of law. The writ petition is disposed of as above. No costs. _________________ NOUSHAD ALI J., Dt.19.11.2010 c.c.in two days. B/o tjs