IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4149 of 2008 Between: 1 Bhanothu Bhichya S/o. Sevya R/o. Pocharam Village, Khanapur Mandal, Waragal District. 2 Mekala Sathyam S/o. Pichaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 3 Bhadavath Parsya S/o. Ramsingh, R/o. Pocharam Village, Khanapur Mandal, Waragal District. 4 Boda Lingam S/o. Chakru R/o. Pocharam Village, Khanapur Mandal, Waragal District. 5 Pnnitti Venkataiah S/oMallaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 6 Jetti Swamy S/o. Vijjigiri R/o. Pocharam Village, Khanapur Mandal, Waragal District. 7 Gandrapally Shiva Kumar S/o. Yellaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 8 Gopala Mohan Rao S/o. Bramaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 9 Darangula Suryanarayana S/o. Narsaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 10 Katluri Sailu S/o. Yellaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 11 Bolli Illaiah S/o. Narsaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 12 Rotanla Cherala S/o. Komraiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 13 Budde Narsaiah S/o. Mallaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 14 Talla Narayana S/o. Ananadam R/o. Pocharam Village, Khanapur Mandal, Waragal District. 15 Agothu Samya S/o. Lachya R/o. Pocharam Village, Khanapur Mandal, Waragal District. 16 Bhoda Hanuma S/o. Limba R/o. Pocharam Village, Khanapur Mandal, Waragal District. 17 Bhoda Bhadru S/o. Raajya R/o. Pocharam Village, Khanapur Mandal, Waragal District. 18 Dharmasothyu Rajya S/o. Chandru R/o. Pocharam Village, Khanapur Mandal, Waragal District. 19 Bhukya Hemla W/o. Ramya R/o. Pocharam Village, Khanapur Mandal, Waragal District. 20 Bhoda Narsimha S/o. Chakru R/o. Pocharam Village, Khanapur Mandal, Waragal District. 21 Sapavat Narsimha S/o. Hemya R/o. Pocharam Village, Khanapur Mandal, Waragal District. 22 Bhanothu Amru S/o. Dharma R/o. Pocharam Village, Khanapur Mandal, Waragal District. 23 Boda Chakru S/o. Manya R/o. Pocharam Village, Khanapur Mandal, Waragal District. 24 Bhoda Golya S/o. Manya R/o. Pocharam Village, Khanapur Mandal, Waragal District. 25 S.K.Imam Sab S/o. Modin Sab R/o. Pocharam Village, Khanapur Mandal, Waragal District. 26 S.K.Yakub S/o. Modin Sab R/o. Pocharam Village, Khanapur Mandal, Waragal District. 27 S.K.Johnhussain, Saidulu R/o. Pocharam Village, Khanapur Mandal, Waragal District. 28 S.K.Ameeruddin S/o. Modin Sab R/o. Pocharam Village, Khanapur Mandal, Waragal District. 29 S.K.Gaffur S/o. Allisab R/o. Pocharam Village, Khanapur Mandal, Waragal District. 30 S.K.Subhan S/o. Yakub R/o. Pocharam Village, Khanapur Mandal, Waragal District. 31 Yakub S/o. Maibelli R/o. Pocharam Village, Khanapur Mandal, Waragal District. 32 S.K.Imam Sab S/o. Yakub R/o. Pocharam Village, Khanapur Mandal, Waragal District. 33 S.K.Latif S/o. Nazar R/o. Pocharam Village, Khanapur Mandal, Waragal District. 34 S.K.Yakubee W/o. Pasha R/o. Pocharam Village, Khanapur Mandal, Waragal District. 35 Burgu Veeranna S/o. Uppalaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 36 Errabelli Sadaiah S/o. Kommala R/o. Pocharam Village, Khanapur Mandal, Waragal District. 37 Edk Mallaiah S/o. Dulaiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 38 Veerabhadraiah S/o. Buchi Veeraiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. 39 Veerabhadraiah S/o. Buchi Veeraiah R/o. Pocharam Village, Khanapur Mandal, Waragal District. ..... PETITIONERS AND 1 The Forest Range officer, Narsampet, Warangal. 2 The Divisional Forest Officer, Waragal 3 Deputy Range Officer, Kothaguda, Khanapur ( M ), Waragal. .....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 an Order, Direction or Writ more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents in interfering with the peaceful possession and enjoyment of the Agricultural Lands of the Petitioner to the extent of Acres 78-00 guntas, in all, situated in survey No. 1/1 of Pocharam Village, Khanapur Mandal, Warangal District, as arbitrary, illegal and violative of Article 14 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the agricultural lands of the petitioners except by due process of law and pass Counsel for the Petitioner: MR.K.VENUGOPAL REDDY Counsel for the Respondent No.: GP FOR FORESTS The Court made the following: Form-NIC-OGS/WP{KSRANI} THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4149 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in interfering with the possession and enjoyment of agricultural land admeasuring Ac.78.00 situated in Sy.No.1/1 of Pocharam village, Khanapur Mandal, Warangal District, as illegal, arbitary and violative of Articles 14 and 300-A of the Constitution of India. The petitioners averred in the affidavit filed in support of the writ petition that they are in possession of the above mentioned extent for a long time and carrying on agricultural operations on the said land. The petitioners complain that having kept quiet for all these years, the respondents visited the land in occupation of the petitioners on 01.12.2007, 05.12.2007 and in the first week of February, 2008 and demanded them to vacate the lands. The grievance of the petitioners is that though they do not have pattas, in view of their longstanding possession, they cannot be summarily evicted without following due process of law. The petitioners do not claim that they have legal right to be in occupation of the land, but their grievance that they cannot be evicted without the due process of law deserves to be accepted, because even in the case of unauthorized occupants, the State cannot evict them without following due process of law. Therefore, this writ petition is disposed of, with the direction to the respondents not to evict the petitioners without following due process of law. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 28.02.2008 Dsr