IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 28383 of 2008 Between: 1 Bollu Nagendra Prasad S/o. Rataiah R/o. D.No. 11-22, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 2 Jakkampudi Srinivasa Rao S/o. Venkata Narayana R/o. D.No. 11-10, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 3 Doppa Tata Rao S/o. Lakshmaiah R/o. D.No. 11-38, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 4 Namburi Rama Rao S/o. Gangaiah R/o. D.No. 11-31, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 5 Kodavali Raghu Babu S/o. Appa Rao R/o. D.No. 11-33, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 6 Korumilli Satyanarayana S/o. Narasimhacharyulu R/o. D.No. 11-35/B, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 7 Devarapalli Malleswari W/o. Nageswara Rao R/o. D.No. 11-96/A, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 8 Potluri Raju S/o. Late Appanna R/o. D.No. 11-33/A, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 9 Yandamuri Musallaiah S/o. Chinnodu R/o. D.No. 11-32, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. 10 Balusu Gopala Krishna S/o. Sangaiah R/o. D.No. 11-27, 6th Ward, Opp. Axis Bank, Jangareddygudem Village & Mandal, West Godavari District. ..... PETITIONERS AND 1 The State of Andhra Pradesh Rep. by its Secretary Panchayat Department, Secretariat, Hyderabad. 2 The District Collector (Panchayat Wing) Eluru West Godavari District. 3 The Tahsildar Jangareddygudem West Godavari District. 4 The Jangareddygudem Gram Panchayat Rep. by its Sarpanch M. Vijaya Saradhi @ Sombabu, Jangareddygudem V & M, West Godavari District. 5 The Executive Officer Jangareddygudem Gram Panchayat Jangareddygudem Mandal, West Godavari 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 especially one in the nature of Writ of Mandamus declaring the action of the respondents in trying to demolish the petitioners' houses bearing Door Nos.11-22, 11-10, 11-38, 11-31, 11-32, 11-35/B, 11-96/A, 11-33, 11-33/A and 11-27 situated in S.Nos. 460/1 and 460/2 of Jangareddygudem Village & Mandal, West Godavari District as illegal, arbitrary, violative of Article 300-A of the Constitution of India and consequently direct the respondents not to resort to any illegal act of demolition. Counsel for the Petitioner:MR.S.SUBBA REDDY Counsel for Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for Respondent Nos.4 & 5: MR. B. SATYANARANA. The Court made the following : ORDER: The petitioners are residents of Jangareddigudem Village and Mandal, West Godavari District. According to them, they have occupied small extents of land in Survey Nos.460/1 and 460/2 of that village and constructed houses thereon. This writ petition is filed alleging that the respondents are trying to evict the petitioners forcibly. They state that houses have been constructed long back, so much so, they have been issued Ration Cards and extended other amenities at those addresses and the house numbers are mentioned in the voters list also. Respondent Nos.4 and 5 filed counter-affidavit. It is stated that the petitioners have occupied tank poramboke and they have been evicted after issuing notice under Section 7 of Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) and after passing the orders under Section 6 of the Act. Heard the learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj. The petitioners do not claim ownership rights over the land on which they have constructed the houses. They admit that they have encroached the Government land. Even assuming that the land encroached by the petitioners is part of tank bed or poramboke, they can be evicted only after following due process. Though it is mentioned by respondent Nos.4 and 5 that the petitioners were issued notices under Section 7 of the Act and served with orders under Section 6, nothing is forthcoming from the officials of the Revenue Department. The petitioners were virtually denied the service of such notices or orders. This Court is of the view that the petitioners cannot be evicted forcibly, particularly when houses have been constructed by them long back. Hence, the writ petition is disposed of, directing that the petitioners shall not be dispossessed from the houses in which they are living without issuing notice under Section 7 of the Act and without passing orders under Section 6. It is also made clear that in case any orders have been passed already under Section 6 of the Act against the petitioners, they shall be served on them and in such an event, further steps shall be deferred for a period of four (4) weeks from the date of service. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY,J Date:19.03.2009 sj