IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 4384 of 2008 Between: 1 Bhukya Lakpathi s/o.Theja (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 2 Jalagam Yellaiah S/o.Eraiah R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 3 Bukya Golia S/o.Chandru (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 4 Badavath Lachhu S/o.Surya (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 5 Banoth Shanker S/o.Venkati (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 6 Bhukya Lakshman S/o.Lakpathi (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 7 Banoth Kommalu S/o.Venkat (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 8 Dharavath Hema W/o.Dharma (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 9 Gogluth Dasru S/o.Gonya (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 10 Bhukya Lakshman S/o.Golya (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 11 Mudu Ramchander S/o.Hari Singh (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 12 Jalagam Papaiah S/o.Yellaiah R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 13 Kolan Nagaraju S/o.Narsaiah R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 14 Dharavath Venkatram S/o.Dharma (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 15 Bhukya Venkati S/o.Ramoji (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 16 Gogluth Hema S/o.Chandru (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 17 Banoth Somla S/o.Chandru (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 18 Bhukya Venkanna S/o.Lakpathi (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 19 Bhanoth Lachhu S/o.Chakru (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. 20 Bhukya Hathiram S/o.Lakpathi (Schedule Tribe) R/o.Manglaripeta, H/o. Pocharam Village, Khanapur Mandal, District Warangal. ..... PETITIONER(S) AND 1 The Forest Range Officer, Narsampet, Warangal. 2 The Divisional Forest Officer, Warangal. 3 Deputy Ranga Officer, Narsampet, Warangal. .....RESPONDENT(S) Counsel for the Petitioners: MR.K.VENUGOPAL REDDY Counsel for the Respondents: GP FOR FORESTS The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 4384 of 2008 ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in interfering with the peaceful possession and enjoyment of agricultural land of the petitioners to an extent of Ac.20.00 guntas situated in Sy.No.1/1 of Pocharam Village, Khanapur Mandal, Warangal District, as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India. The petitioners averred in the affidavit filed in support of the writ petition that they are in possession of the abovementioned extent for a long time and carrying on agricultural operations on the said land. It is further averred that having kept quiet for all these years, the respondents visited the land in occupation of the petitioners on 01.12.2007, 05.12.2007 and finally in the first week of February, 2008 and demanded them to vacate the lands. The grievance of the petitioners is that though they do not have pattas, in view of their longstanding possession, they cannot be summarily evicted without following due process of law. The petitioners do not claim that they have legal right to be in occupation of the land, but their grievance that they cannot be evicted without due process of law deserves to be accepted, because even in the case of unauthorized occupants, the State cannot evict them without following due process of law. Therefore, this writ petition is disposed of with the direction to the respondents not to evict the petitioners from the land in dispute if they are in possession without following due process of law. As a sequel to disposal of the writ petition, WPMP.No.5706 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 29.08.2008 ES To 1.2CCs 2.2CD copies