IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3429 of 2008 Between: 1 Banoth Dasru S/o.Bhikya R/o.Pocharam(V) Khanapur(M) Warangal Dist 2 Jail Narsaiah, S/o.Lakminarasaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 3 Pindi Dudaiah, S/o.Muthaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 4 Kunja Papaiah, S/o.Kannaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 5 Guntaka Mallaiah, S/o.Abbaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 6 Kadari Ramesh, S/o.VenkataBuchaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 7 Dudimetla Lyalaiah, S/o.Yellaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 8 Shelamchitti Ramaiah, S/o.Venkataiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 9 Gatla Das S/o.Narsaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 10 Singu Veeraiah, S/o.Venkataiah R/o.Pocharam(V) Khanapur(M) Warangal Dist 11 Payam Rajaiah, S/o.Saraiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 12 Agaboina Raju, S/o.Ramaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 13 Erra Nageshwar Rao, S/o.Ramaiah, R/o.Pocharam(V) Khanapur(M) Warangal Dist 14 Darawath Golka, S/o.Ramoji R/o.Pocharam(V) Khanapur(M) Warangal Dist 15 Mohd Enush Pasha, S/o.Babu, R/o.Pocharam(V) Khanapur(M) Warangal Dist 16 Erupa Sammakka, S/o.Venkanna, R/o.Pocharam(V) Khanapur(M) Warangal Dist 17 Bukya Bheema, S/o.Devula R/o.Pocharam(V) Khanapur(M) Warangal Dist ..... PETITIONER(S) AND 1 The Forest Range Officer, Narsampet,Warangal 2 The Divisional Forest Officer, Warangal 3 Deputy Range Officer, Kothaguda Khanapur(M) Warangal Dist .....RESPONDENT(S) Counsel for the Petitioners: MR.K.VENUGOPAL REDDY Counsel for the Respondents: AGP FOR FORESTS The Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3429 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 the agricultural land of the petitioners to an extent of Ac.28.00 guntas situated in Survey 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 their occupation on 01.12.2007, 05.12.2007 and in the first week of February, 2008 and demanded them to vacate the land. 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 without following due process of law. As a sequel to disposal of the writ petition, WPMP.No.4454 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Date: 21.02.2008 ES To 1.2CCs 2.2CD copies