THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 25565 of 2007 Date:15-02-2008 Between: Shaik Lal Saheb and another .. PETITIONERS AND The State of A.P. represented by District Collector, Eluru and two others. .. RESPONDENTS ORDER: The petitioners 1 and 2 seek a writ of mandamus declaring the inaction of the respondents in insisting to vacate them from the land of Ac.0.52 cents each held by them in Sy.No.29/1 of Bhogulu revenue village, as illegal and arbitrary. It is the case of the petitioners that each of them has got an extent of Ac.0.52 cents in Sy.No.29/1 of Bhogulu village, Lingapalem Mandal, West Godavari District. While so, it is stated that the respondents 2 and 3 made an attempt to interfere with their peaceful possession and enjoyment on the ground that the said land is required for the purpose of allotting the house sites to the landless poor under Indiramma Gruhakalpa Scheme. I am not inclined to express any opinion with regard to right, title and possession of the lands. But, however, if the petitioners are in possession either as pattadars or in respect of the assigned lands in violation of the A.P. Assigned Lands (Prohibition of Transfers) Act or as encroachers, they cannot be evicted from the said land without following due process of law. Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioners from their lands without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:15.02.2008 Ccm