IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5837 of 2008 Between: Smt. S. Anjani Bhai, W/o. S. Narsimha Rao, Naryanaapur Village, Anantapur Rural Manal, Anantapur District. ..... PETITIONER AND 1 The National Highway Authorities of India, Rep. by its Project Director, Implimentation Unit, Maruthi Nagar, Anantapur. 2 The Joint Collector cum Competent Authority, Anantapur District. .....RESPONDENT(S) 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 a Writ of Mandamus declaring the action of the respondents in not following the procedure established under the Law and trying to disposes the petitioner unauthorizedly from her private property i.e., in Plot No. 16 total an extent of 0.05. 75 in Sy.No. 212/02 of A. Narayanapuram Gram Panchayat, Anantapur Rural Mandal, Anantapur District as illegal, arbitrary and violative of Articles 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to follow the procedure established under the Law in taking the possession of the private property i.e., in Plot No. 16 total an extent of 0.05.75 in Sy.No. 212/02 of A. Narayanapuram Grampanchayat, Anantapur Rural Mandal, Anantapur District. Counsel for the Petitioner:MR,KUNCHEAMMAHESWARA RAO Counsel for the Respondent No.: MR.S.S.VARMA (ADDL CGSC) The Court made the following : Form-NIC-OGS/WP{SPJS} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in trying to dispossess the petitioner unauthorizedly from her land of a total extent of Ac.5.75 cents in S.No.212/02 situated in A.Narayanapuram Grampanchayat, as arbitrary and illegal. The petitioner asserts that she is the absolute owner of a total extent of Ac.5.75 cents of land in S.No.212/02 and Plot No.16, situated at A.Narayanapuram Grampanchayat, Anantapur Rural Mandal, Anantapur District, by virtue of a registered sale deed dated 29.12.2000 from G.Adinarayana and U.Ramamurthy, wherein she constructed a house and is in peaceful possession and enjoyment of it. Now, her grievance is that the officers of the 1st respondent, without issuing any notice nor paying any compensation, came to her land and started dumping some material, etc. and tried to dispossess her from the land with a view to laying road. Having heard the learned counsel for both the parties and perused the material placed on record, this Court is of the view that the action of the respondents is contrary to the established procedure under law. If the respondents require the land in question, and the petitioner is really the absolute owner of the land, the respondents have to initiate necessary proceedings under the Land Acquisition Act, 1894 (for brevity “the Act”). Even if it is presumed that the petitioner is only an encroacher and does not have any right over the land in question, even then, a notice as contemplated under the provisions of the Land Encroachment Act is to be issued. Hence, this writ petition is disposed of at the admission stage with a direction to the respondents to follow the due procedure prescribed under the law before dispossessing the petitioner from the land in question. No costs. _______________ 25.03.2008 Note: Furnish copy in two days. b/o bcj