THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28885 of 2011 ORDER: Petitioners, four in number, claim to be landless poor. It is their case that they occupied government lands; they had invested huge sums of money and physical effort to develop the lands; and they are cultivating the same. They claim to have submitted a representation to the first respondent on 03.10.2011 seeking assignment of the said lands on the ground that they are landless poor. The first respondent in turn is said to have directed the third respondent to include the petitioners’ names for being considered for assignment. The petitioners’ grievance is that the Tahsildar, Duvvur (third respondent), by notice dated 05.10.2011, had called upon them to produce documents relating to their rights over the lands on 08.10.2011; and had informed them that, if they did not have any documents, action would be taken against them in accordance with law. Even if the petitioners’ are landless poor, they are only entitled to be considered for grant of assignment along with others eligible for grant of assignment. Merely because they are in occupation of the subject lands, does not confer any right on the petitioners to claim priority in assignment of government lands. The fact, however, remains that, even in the case of illegal encroachments, the respondents can only take action for their eviction in accordance with law including the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (the Act). I consider it appropriate, therefore, to dispose of the Writ Petition directing the respondents not to evict the petitioners except in accordance with law including the provisions of the Act. The respondents shall also consider the petitioners’ claim, for being assigned the lands in accordance with law, in case they are found eligible for grant of assignment. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:02.11.2011 usd