IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2731 of 2002 Between: Janga Venkateswarlu and 17 others ..... PETITIONERS AND The District Forest Officer, Guntur, Guntur District and 2 others .....RESPONDENTS THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2731 of 2002 ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of respondent Nos.1 and 2 in seeking to disturb the enjoyment of the lands in the respective occupation of the petitioners, comprised in Sy.No.185/3 of Gundlapalli village, Nakarikallu Mandal, as illegal and arbitrary. The petitioners also sought for a consequential direction to the respondents not to interfere with their possession and enjoyment of the said lands. At the hearing, none appeared for the petitioners. No counter affidavit has been filed by the respondents. From the averments, contained in the affidavit filed in support of the writ petition, it is evident that the petitioners are in occupation of Government land, classified as ‘Konda poramboke’ and the competent authority issued notices under Sec.7 of the Andhra Pradesh Land Encroachment Act, 1905 for their eviction. It is also evident that respondent Nos.1 and 2 have been digging trenches on the portions of lands in the occupation of the petitioners by claiming that they are part of reserve forest. On the petitioners’ own admission, they are in unauthorized occupation of Government lands. Therefore, they do not have any enforceable legal right to be in possession of Government land. But, at the same time, until they are evicted by due process of law by the authority competent in this regard, their possession cannot be interfered with by respondent Nos.1 and 2. If respondent Nos.1 and 2 find the petitioners were in unauthorized occupation of the land, forming part of reserve forest, they shall initiate appropriate proceedings under the provisions of the Andhra Pradesh Forest Act, 1967 and cause their eviction. The Writ Petition is, therefore, disposed of, with a direction to respondent Nos.1 and 2 not to interfere with the possession of the petitioners, without following due process of law. If respondent Nos.1 and 2 are satisfied that the land in occupation of the petitioners is included in the reserve forest, they shall give notices to the petitioners and take appropriate action for their eviction after giving them reasonable opportunity of hearing against the proposed action. Subject to the above observations, the Writ Petition is disposed of. As a sequel to dismissal of this writ petition, WPMP.No.3292/2002, filed by the petitioners for interim relief, is dismissed, as infructuous. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 13.02.2008 Dsr