IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.2341 OF 2002 Between: S. Yadagiri Reddy, S/o. Narasimha, R/o. 8-10/2, Mansoorabad Village, Saroornagar Mandal, Ranga Reddy District. ..... PETITIONER AND The Mandal Revenue Officer, Saroornagar Mandal, Ranga Reddy District. .....RESPONDENT 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 Writ of Mandamus or any other writ or writs, order or directions declaring the action of the respondent in seeking to evict the petitioner from the land admeasuring 30 gts covered by survey No.72 of Mansoorabad Village, Saroornagar Mandal, Ranga Reddy District as illegal, arbitrary and wthout jurisdiction, award costs and pass Counsel for the Petitioner : MR.K.RAJI REDDY Counsel for the Respondent No. : GP FOR REVENUE The Court made the following : ORDER: This Writ Petition is filed by the petitioner S. Yadagiri Reddy seeking stoppage of his eviction from the land admeasuring 30 guntas in Survey No.72 of Mansoorabad Village, Saroornagar Mandal, Ranga Reddy District. 2. The case of the petitioner is that he is native of Mansoorabad Village, residing in a house bearing No.8-10/2 and he is having a dairy farm adjoining to his house in an extent of 30 guntas of land in Survey No.72. He is in possession of that land for more than 40 years, except that property he is not having any other land and the dairy farm is the only source of his livelihood. Through the said land, a high tension power line is passing and most of the land underneath that line cannot be put to any use. Further, through that land a 30 feet wide road is there and there are underground drainage pipelines. The land being used by him is only 500 to 600 yards and that the Mandal Revenue Officer, Saroornagar, respondent herein, tried to evict him from that land saying that it is Government land. It was also proclaimed by the local leaders that pattas would be granted to the landless persons for that land and without any notice or following the due process of law, the Government tried to evict him. 3. No counter is filed on behalf of the Government. 4. On 17-07-2009, the learned Government Pleader, on instructions, reported that the petitioner is not in possession of the land in dispute even on the date of the interim order of this court dated 19-04-2002, as possession of the land was already taken by the Government in pursuance of a land grabbing case against one T. Krishna Reddy; hence, the learned Government Pleader was asked to file a counter clarifying the factual position, but no counter is filed. 5. What all the petitioner seeking is only protection from dispossession of the land in question till the same is done in accordance with the law. 6. The instructions of the learned Government Pleader, as recorded on 17-07-2009 by this Court, shows that the petitioner was in possession of the land at some point of time even according to the respondent and the petitioner also claims that he is in possession of the same even now. Since the respondent admitted that the petitioner was in possession of the property, at least, at one point of time, and failed to produce any material to show as to whom he has dispossessed from the land in dispute and in what manner, the contention of the petitioner that he is in possession of the land has to be accepted and in case, he is not in possession, his prayer would be infructuous. 7. Considering all these circumstances, it is directed that the petitioner shall not be dispossessed from the land in dispute except under due process of law. 8. With the above direction, the Writ Petition is allowed. No order as to costs. ______________________ P. SWAROOP REDDY, J July 24, 2009. PV