IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 7011 of 2005 Between: 1 Andala Subbalakshmi , W/o Sri Ranga Reddy, 2 Chavalam Subba Rao, S/o Veerraju Dora, 3 K. Vara Prasad, s/o Chinna Rajulu, 4 K. Rajasri, w/o Abbayi Dora, 5 Thurram Veera Swamy Dora, S/o Krishna Swamy, (All are R/o Rampachodavaram Village and Mandal, East Godavari District.) ..... PETITIONER(S) AND 1 The Special Deputy Collector, Tribal Welfare, Rampachodavaram. E.G. District - 533 288. 2 The Revenue Divisional Officer, Rampachodavaram. E.G. District - 533 288. 3 The Mandal Revenue Officer, Rampachodavaram. E.G. District - 533 288. 4 Teegala Pandayya, S/o Sri Jaggayya, R/o Sirigindalapadu, Rampachodavaram - 533 288, East Godavari 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in trying to evict the petitioners herein from their houses situated in Sy.No. 38 of Rampachodavaram village and Mandal, E.G. District for the purpose of handing over the same to the 4th respondent as illegal, arbitrary and without any authority of law and consequently direct the respondents to drop all further proceedings in this regard and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: When the matter has been taken up for hearing, there is no representation on either side. No counter has been filed. The only grievance of the petitioners is that the respondents are trying to evict them from their houses in Sy.No.38 of Rampachodavaram Village and Mandal, East Godavari District, for the purpose of handing over the same to the 4th respondent. It is averred that on an application filed by the 4th respondent, the Special Assistant Agent, Rajahmundry in S.R.No.420 of 1975, directed that Marthi Adayya (respondent therein), Health Inspector, Rampachodavaram shall be evicted from the petition schedule land and the 4th respondent be put in possession of the same. In the guise of the said order, it is alleged that the petitioners are sought to be evicted, without issuing any notice and without following due process of law. It is also contended that the petitioners are not the parties to the said proceedings before the Special Assistant Agent, Rajahmundry and the houses of the petitioners situated in Sy.No.38 have nothing to do with the orders in S.R.No.420 of 1975 dated 17.12.1975. If the petitioners are non-tribals and have been illegally in possession of any land in the scheduled area, it is always open for the respondents to follow due process of law and evict them for restoration of the land in favour of the persons to whom the lands are earmarked. However, without following the due process of law, the respondents are directed not to evict the petitioners from the lands in question. With the above directions, the writ petition is disposed of. No order as to costs. -------------------------- V. ESWARAIAH, J DATE: 28.3.2008 CVM